In re Limits of Government Accommodation of Political Parties 2023 SDSC 3
In re Limits of Government Accommodation of Political Parties 2023 SDSC 3
Alternate citation | In re Limits of Government Accommodation of Political Parties 2023 SDSC III |
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Date of judgment | 6th March 2023 |
Justices | Chief Justice Literal Justice Match Stix |
Held | The Trans Ethnostate Party and Gay Ethnostate party do not violate the Discord Terms of Service. |
Ruling | 2-0 |
Applicable precedent | Conduct of political parties is more important than their names alone in determining if they violate the Terms of Service |
MAJORITY OPINION by Justice Match
(with Chief Justice Literal agreeing)
[1]. The trans ethnostate and gay ethnostate parties do not violate Discord Terms of Service.
[2]. The part of terms of service in question is
Do not organize, promote, or participate in hate speech or hateful conduct. It’s unacceptable to attack a person or a community based on attributes such as their race, ethnicity, caste, national origin, sex, gender identity, gender presentation, sexual orientation, religious affiliation, age, serious illness, disabilities, or other protected classifications.
[3]. Despite the statement of the Trans Ethno State party stating “ban all cis people” and the Gay Ethnostate Party stating “ban all non-gays”, these statements are made in a joking manner as we have not seen either party petition or implement laws and party policies discriminating against others.
[4]. A political party may violate these conditions of Discord Terms of Service if they deny or revoke membership of an individual of their party membership due to sexuality, race, gender orientation, and other factors listed in the Discord Terms of Service.
[5]. It is the duty of the Discord Supervisor to expressly remove any political party or entity that violates these Terms of Service.