TIP: Click on subject to list as thread! ANSI
echo: locsysop
to: Bob Lawrence
from: Rod Speed
date: 1994-05-31 21:34:04
subject: CONTINENTAL SHELF

GA> What's not sane about it? If selling tobacco products is not illegal,
GA> why should advertising be? If I were a cigarette company, I'd be
GA> taking legal action.

BL> You can't take legal action against the law.

Of course you can, thats what the Mabo stuff was all about.

BL> They have already been to the High Court, and lost.

In this particular case I agree they dont stand much chance. Says nothing
tho about how you can indeed at a times have repeated high court
challenges which at times eventually win, mainly when a particular high
court feels like getting a bit adventurous. Thats been going on for
decades with some stuff like excise dutys imposed by states.

BL> Parliament represents the people, and Parliament writes the law with
BL> the people's support.

And at times particular bits they write are found by the high court to
be unconstitutional.

BL> Out Constitution doesn't say anything aobut the right of tobacco
BL> companies to kill people.

But there are indeed some decisions made by the high court which affect
the power of the federal government to legislate on advertising controls.
They tossed out some legislation which purported to ban political
advertising got tossed out by the high court.

BL> In this free land of yours, where companies are free to advertise any
BL> `legal' product, what is your stand on Shell advertising unleaded for
BL> petrol-sniffing, aimed at 11-year-olds with special packs including
BL> the plastic bag and instructions? Petrol isn't illegal, last I heard.

Petrol sniffing is tho.

BL> How about Roche advertising Vallium or Prozac aimed at teenagers with
BL> personality problems (the entire teenager population) - complete with
BL> published scientific denials that Vallium is not addictive and is
BL> good for you, and makes your dick grow? Vallium and Prozac aren't
BL> illegal.

They arent available without prescription tho.

BL> Or Dulux advertising spray cans of paint, complete with an ad
BL> campaign of kids laughing and getting roots every time they spray
BL> Geoff's car with meaningless scrawls? Paint isn't illegal.

But incitement to commit a clearly illegal act is.

BL> Or how about Andrew's Dignified Funerals drumming up business with a
BL> "Suicide is good for you" campaign, with big-titted ladies yearning
BL> adoringly as handsome men in tight trousers jump off high places?
BL> Funerals are legal, aren't they?

Encouraging other people to commit suicide certainly isnt.

BL> Or Ford promoting head-on srashes as the latest `in' thing when sales
BL> drop off?

And its illegal to incite people to do that too.

BL> Gee! I like the sound of this free-speech, Geoff.

Pity you got every single example wrong |-)

BL> And what about the freedom to discriminate?

Some forms of discrimination are perfectly legal too.

--- PQWK202
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