October 7th, 2007

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A good example of why post hoc remedies are not enough

This article discusses how the Florida Election Commission effectively shut down a small newspaper for 2 years.
http://www.freepress.net/news/26635

I grant we live in an imperfect world that often calls for balancing, and no matter how you try to balance everything, you will get people playing the system and bad results. But this case is a good illustration of the problems with post hoc or "after the fact" adjudication of rights.

OTOH, the problem with permitting people to operate as usual until all judicial appeals run their course is that you are absolutely guaranteed to have situations where people are engaging in illegal or otherwise harmful or prohibited conduct and extending that via the appeals process.

As I say, we live in an imperfect world.