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Ryccia · 06-09-2016, 11:44 AM

Honourable Chief Justice,

As we can see in the Sunshine Act, it is clear that the Cabinet must publish Cabinet discussions every 8 months

http://tspforums.xyz/thread-4117.html

But, in Section III of the Charter of the South Pacific, there is this clause:

Quote:1. All members of The South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable forum moderation policies.

If the above is true, then I ask this: If Cabinet members refuse to publish such documents, and if they are forced to, doesn't this mean that their right to free speech is being violated?

Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)

Local Council Member(April 24-August 11)

Court Justice of TSP(August 15-December 7)

Quotes

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**Belschaft** · 06-09-2016, 11:58 AM

The Cabinet is an institution, not an individual; rights and freedoms don't apply to institutions.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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Feirmont · 06-11-2016, 12:33 PM

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HCLQ1607

June 11th, 2016

Petitioner

Ryccia

Presiding Justice

Feirmont

Honourable Chief Justice,

As we can see in the Sunshine Act, it is clear that the Cabinet must publish Cabinet discussions every 8 months

http://tspforums.xyz/thread-4117.html

But, in Section III of the Charter of the South Pacific, there is this clause:

Quote:1. All members of The South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable forum moderation policies.

If the above is true, then I ask this: If Cabinet members refuse to publish such documents, and if they are forced to, doesn't this mean that their right to free speech is being violated?

Ruling

Albeit the Cabinet is comprised of members of the South Pacific, the Cabinet itself is an Institution; thus all discussions of the Cabinet are treated as Institutional publications. Same as the High Court: the High Court is comprised of members, however the High Court itself is an Institution and thus all publications within the High Court are treated as Institutional publications, and not treated as publications from a Member of the South Pacific.

#EC4Lyfe

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