alt Hacker NewsIt's more like if the law says the maximum sentence for theft is 10 years, a thief appeals his 20 year sentence, wins, and gets out early. He goes and robs somebody else so you say the court was wrong to let him win.
The court's job is to uphold the law. If you disagree with their interpretation, you can call them incorrect. If you have a problem with the consequences of the law, you have a problem with the legislature.
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InsideOutSanta • yesterday at 8:19 PM
In reality, courts interpret and make the law.
True, but in this case they made a determination about where the acceptable limits on a constitutional right fall which leaves quite a bit more room to disagree with them. It's not at all clear to me that spending money was intended by the framers to be unconditionally protected by the first amendment. We've even got the interstate commerce clause and IP law codified in the same document so how is that not an obvious inconsistency? IIUC SCOTUS based the distinction on the political nature of the activity but certainly that's not something spelled out in the original document.