First Amendment Watch + Nanny State Continued....

[alfreda89]

The Hawaii House calls it "Duty to Warn."

How about a law "'that would impose civil liability on writers and publishers of travel guides if a reader "suffers an injury or dies" after engaging in an activity or trespassing to reach a site "depicted or described" in the publication.'"

Why yes, there's a bull in that field, but the guide doesn't say anything about him being dangerous, so we should be able to cut across here....

[head smack]

Comments

[kateelliott.livejournal.com]

I don't think the bill will pass, and it certainly has first amendment implications, but "bull in the field" doesn't quite characterize the intent or reasoning behind what is going on and why the bill was introduced.

It's not really a Nanny State bill in the sense I think most people would use that term.

[alfreda89.livejournal.com]

It doesn't surprise me in the least that it's been blown out of proportion by the national press. They do that to the Texas legislation all the time. Not that the TX legis needs any help looking silly.

But when I get stuff about petitions against something, sometimes all I can do, until I learn more, is say "Oh, really? Tell me more!" It's better than getting worked up about the crisis of the day. I figured if it was real, you'd mention something about it.

[kateelliott.livejournal.com]

I'm pretty sure such a bill is unconstitutional, and would go down in the courts. But the bill is a bit hedging in that; it's specifically directed at one guidebook series in particular which is meant to be "edgy" and tell "the secrets" of the "secret" places. The problem is, the cliffs are steep and the ocean is dangerous, and the guidebook doesn't seem to address that seriously enough; it seems to be the equivalent of promising people they can get through that closed unmarked door into the super secret trendy club. And they advocate trespassing.

[alfreda89.livejournal.com]

Ah. I can relate to their problem, then. They can ask tour sites and places selling the book to put up warning signs, but a nice, tidy law would be so much simpler. Except it isn't, and usually effects all kinds of unanticipated things. Lawyers can panic over everything -- and in these litigious times, sometimes you can't blame them.

Trespassing sounds like bad advice at any time -- and aren't all the beaches in Hawaii free (IE no restrictions to passage?)