67 votes

Can Tucker Carlson be sanctioned by the US government?

The first amendment to the US constitution says: Congress shall make no law [...] abridging the freedom of speech, or of the press; [...] This constitutional hurdle is a very high obstacle to ...
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  • 5,225
28 votes

Can Tucker Carlson be sanctioned by the US government?

what are the chances of the US government sanctioning Tucker Carlson and can it actually be done? Nil. The memo does not allege collusion with Russia or any other foreign power, or working as its ...
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  • 131k
18 votes
Accepted

Open Source License restrictions and recent sanctions against Russia

For the GPL "family" of open source licenses, the answer is no. The GPL FAQ answers a closely related question: I'd like to license my code under the GPL, but I'd also like to make it clear ...
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15 votes

Can Tucker Carlson be sanctioned by the US government?

I suspect that the legal threshold for such sanctions is very high. This is not surprising, given that the freedom of expression is an acknowledged value in the US: one can express whatever views they ...
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11 votes
Accepted

Trade restrictions on open source software

Publishing source code is protected under the First Amendment. Therefore the US government cannot stop anyone from publishing open source software, and once it is available from a web site it is ...
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10 votes
Accepted

Do international sanctions have an impact on Open Source Software?

Generally, such sanctions prevent certain sorts of transactions in goods and services with nationals or entities of the nation under sanction. The exact list of transactions prohibited or restricted ...
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  • 89.9k
9 votes

Why doesn't the U.S. sanctions against individuals violate the bill of attainder law?

The Constitutional proviso of Article I, Section 9, Clause 3 states that "No Bill of Attainder or ex post facto Law shall be passed". This does not preclude a legal finding against the ...
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  • 158k
8 votes

Why do VISA and MasterCard comply with U.S. sanctions that erode their business?

Visa is incorporated in Delaware. So is MasterCard. In addition, both are headquartered in the US, have huge quantities of assets in the US, do lots and lots of business in the US in a highly ...
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  • 20.6k
7 votes

Would it be illegal to sell a drone defense system to a nation under an arms embargo?

In the US, it is illegal to sell screwdrivers to Gaza without a license, see 31 CFR 595.409. There are numerous rules pertaining to the Palestinian Authority staring here. Dept. of State has a partial ...
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  • 158k
7 votes

Open Source License restrictions and recent sanctions against Russia

Frame challenge: why would you want to implement such a restriction with a license? If relevant laws/sanctions prevent conveying the software to a party in or associated with Russia (or whatever ...
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6 votes
Accepted

Can you provide free technical services to Iranians from America?

It really depends on what "services" you are providing, but generally speaking you would be in violation of the Department of Treasury, Office of Foreign Assets Control (OFAC). These regulations are ...
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  • 9,075
6 votes
Accepted

Are motions to censure opposing counsel used?

The reality is that it is almost never an acceptable tactic to use in any jurisdiction where I ever have/or currently do practice. The bar is relatively small no matter where you are; even in bigger ...
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  • 10.9k
5 votes

Contempt of court (for certain speech and remaining silent included)?

Theoretically, life imprisonment. One can be imprisoned for as long as you remain in contempt of court, so if a person is ordered to testify and refuses, he can be held in prison until he testifies. ...
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  • 158k
5 votes
Accepted

Can you petition for the opponent party to be sanctioned in California?

While there are certainly statutory and procedural vehicles for sanctions, they are almost never requested or allowed when moved for, and are almost never imposed by judges. Something very severe ...
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  • 10.9k
5 votes

Open Source License restrictions and recent sanctions against Russia

As this answer and this comment point out, such a license would not be an open source license, nor a free software license as those terms are usually defined. I am not aware of any standard or widely ...
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  • 89.9k
4 votes
Accepted

Do economic sanctions prevent repaying debts?

Yes If it is illegal to transfer money between the jurisdictions then any contract that requires that to happen is unenforceable. This is a subset of "sovereign risk" in a trans-national deal.
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  • 148k
4 votes

What was the basis in international law for the seizure of the Iranian tanker Grace 1?

This is a copy of my answer to a similar question on politics.se, which I only became aware of after posting this question. My answer there is itself derived from material dug up in another answer, ...
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4 votes

What was the basis in international law for the seizure of the Iranian tanker Grace 1?

The passage is alleged to be not “innocent” From Article 19: Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. The article enumerates a ...
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  • 148k
4 votes

Can I hire a resident of Iran in USA to work remotely?

Under US regulations pertaining to Iran sanctions, §560.201, Except as otherwise authorized pursuant to this part, and notwithstanding any contract entered into or any license or permit granted prior ...
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  • 158k
4 votes

Can one of my citizenships cause problems with investing?

To narrow this down to a specific country, you can read about the Syria sanctions here. Sanctions under US law are against a country, and against named individuals: there are no sanctions against &...
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  • 158k
4 votes

Why there are no sanctions against head of state if his/her country violates the International law by performing illegitimate acts of war?

Your question is based on an incorrect premise Heads of State can be and have been held accountable for war crimes and crimes against humanity. For example: Germany Japan Yugoslavia Rwanda
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  • 148k
4 votes

Can Tucker Carlson be sanctioned by the US government?

Others have already pointed out the First Amendment issue, but I would also like to point out a potential Fifth Amendment issue (with the disclaimer that I'm not a lawyer): No person shall be held to ...
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3 votes
Accepted

Why some US software companies ban their free products for some countries?

As a preface, every company must have a team of lawyers who interpret the rules and who know the practice of the Treasury Department, so that the company doesn't violate the rules and end up in big ...
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  • 158k
3 votes

As an Iranian, can I sign an Independent contractor agreement, and work remotely for a US company from Iran?

There is a regulation 31 CFR 560.419 making it unlawful to hire an Iranian national ordinarily resident in Iran to come to the United States solely or for the principal purpose of engaging in ...
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  • 158k
3 votes
Accepted

Are encryption apps (iOS) exempt from US Export Regulations if released to the US App Store only?

Update (12/2/16) - Just received the following confirmation from Apple Export Compliance: The [redacted] app presently uploaded into your account CAN BE legally released to US and Canada only, it ...
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3 votes

Remedies for missing discovery

The answer depends on the jurisdiction, as always. But under the Federal Rules of Civil Procedure, which are the model for most American courts, there are all kinds of potential sanctions for ...
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  • 43.4k
3 votes

Is it legal to buy something online from Russia when they're currently under sanctions?

The short answer is generally yes, but also.... it depends. The long answer is also... it depends. The first question is what (or who) is actually being sanctioned, second who is impacted by the ...
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3 votes

On the acquisition of legal rights to sanctioned YouTubers' frozen funds

There is no law against driving a hard bargain If you were describing real estate owners rather than YouTube channel owners we’d have a term for them: a motivated seller. There is no law against ...
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  • 148k
2 votes
Accepted

Can the U.S government break up an international monopoly?

The US government could not break up a, say, UK registered company under anti-monopoly law (or anti-trust as it is called in the US). However, it could impose legal sanctions such as fines and ...
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  • 148k
2 votes

Which parts of classical enactments division do the laws of Gortyna contain?

Is this scheme applicable to archaic laws of 7-5 BCe? Not in the example you provide, although legal systems that predate the Gortyn code contain portions which present the structure hypothesis-...
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