RE: Request by Unibot about Coat of Arms
- Thread starter Hileville
- Start date
I am the opinion that there is no conflict. Just as IRL nations have the legal right to prohibit the misuse of official symbols - for example police uniforms or company letterhead - despite rights to expression etc, so does TNP have such a right.
Gaspo
TNPer
The Court has before it a question examining a potential conflict between Article 1 of the Bill of Rights, and Legal Code Chapter 7.1.4. The question specifically addresses national flags. The Court finds that there is no conflict, and finds that Legal Code Chapter 7.1.4 does not violate the Constitution or Bill of Rights, in spirit or in letter.
The Bill of Rights’ protections of national sovereignty state, and are intended to clarify, that the Government of The North Pacific may not direct the management of the nations in a proactive way. The law at hand restricts use of the Coat of Arms to use by government officials or the government as a whole. The Court does not believe that a conflict exists here, and draws on a number of analogies to explain this position:
•It is perfectly reasonable for a government to restrict the use of official letterhead, because its appearance conveys significance and meaning indicating that the document conveyed on that letterhead is an official communication. The letterhead bestows formality and legitimacy, In effect, and as such must be restricted. While free expression is important, that free expression would undermine the very purpose and utility of the letterhead, and as such must be restrained.
•Diplomatic license plates are issued only to diplomats, and confer special privileges upon those who possess them. As such, their use is restricted to a small subset of individuals. This is perfectly reasonable, as those plates convey additional authority and certain distinctions, and as such must be controlled.
•Governments often restrict access to police uniforms, because the uniform is a de facto symbol of power and authority. Symbols or icons which convey authority or are held to indicate some official status must be controlled, or they lose all validity as an official symbol.
Many other examples are available, such as military uniforms, symbols of authority (legislative gavels, for example), and unique titles of position. The Arms of The North Pacific are the only means which the government has reserved to allow it to convey a degree of official recognition upon statements, posts, and other documents, to separate them from ordinary documents. This is far from an unreasonable or illegal action for a government to take.
As a side note, if any nation is truly enamored with the Arms, and simply must have the Arms as a part of its flag, The Court directs that nation to Legal Code Chapter 7.1.5, which establishes the official Flag of The North Pacific, a flag whose use is not restricted in the same way as the Arms.
The Bill of Rights’ protections of national sovereignty state, and are intended to clarify, that the Government of The North Pacific may not direct the management of the nations in a proactive way. The law at hand restricts use of the Coat of Arms to use by government officials or the government as a whole. The Court does not believe that a conflict exists here, and draws on a number of analogies to explain this position:
•It is perfectly reasonable for a government to restrict the use of official letterhead, because its appearance conveys significance and meaning indicating that the document conveyed on that letterhead is an official communication. The letterhead bestows formality and legitimacy, In effect, and as such must be restricted. While free expression is important, that free expression would undermine the very purpose and utility of the letterhead, and as such must be restrained.
•Diplomatic license plates are issued only to diplomats, and confer special privileges upon those who possess them. As such, their use is restricted to a small subset of individuals. This is perfectly reasonable, as those plates convey additional authority and certain distinctions, and as such must be controlled.
•Governments often restrict access to police uniforms, because the uniform is a de facto symbol of power and authority. Symbols or icons which convey authority or are held to indicate some official status must be controlled, or they lose all validity as an official symbol.
Many other examples are available, such as military uniforms, symbols of authority (legislative gavels, for example), and unique titles of position. The Arms of The North Pacific are the only means which the government has reserved to allow it to convey a degree of official recognition upon statements, posts, and other documents, to separate them from ordinary documents. This is far from an unreasonable or illegal action for a government to take.
As a side note, if any nation is truly enamored with the Arms, and simply must have the Arms as a part of its flag, The Court directs that nation to Legal Code Chapter 7.1.5, which establishes the official Flag of The North Pacific, a flag whose use is not restricted in the same way as the Arms.
Ruling of the Court of the North Pacific
In regards to the Judicial Inquiry filed by Unibot on Potential Confliction of the Bill of Rights and Legal Code in regards to National Flags
The Court took into consideration the Inquiry filed here by Unibot.
The Court took into consideration the Relevant section of the Bill of Rights and Legal Code of the North Pacific:
Article 1 of the Bill of Rights:
The Court opines the following:Section 7.1.4:
The Court has before it a question examining a potential conflict between Article 1 of the Bill of Rights, and Legal Code Chapter 7.1.4. The question specifically addresses national flags. The Court finds that there is no conflict, and finds that Legal Code Chapter 7.1.4 does not violate the Constitution or Bill of Rights, in spirit or in letter.
The Bill of Rights’ protections of national sovereignty state, and are intended to clarify, that the Government of The North Pacific may not direct the management of the nations in a proactive way. The law at hand restricts use of the Coat of Arms to use by government officials or the government as a whole. The Court does not believe that a conflict exists here, and draws on a number of analogies to explain this position:
- It is perfectly reasonable for a government to restrict the use of official letterhead, because its appearance conveys significance and meaning indicating that the document conveyed on that letterhead is an official communication. The letterhead bestows formality and legitimacy, In effect, and as such must be restricted. While free expression is important, that free expression would undermine the very purpose and utility of the letterhead, and as such must be restrained.
- Diplomatic license plates are issued only to diplomats, and confer special privileges upon those who possess them. As such, their use is restricted to a small subset of individuals. This is perfectly reasonable, as those plates convey additional authority and certain distinctions, and as such must be controlled.
- Governments often restrict access to police uniforms, because the uniform is a de facto symbol of power and authority. Symbols or icons which convey authority or are held to indicate some official status must be controlled, or they lose all validity as an official symbol.
As a side note, if any nation is truly enamored with the Arms, and simply must have the Arms as a part of its flag, The Court directs that nation to Legal Code Chapter 7.1.5, which establishes the official Flag of The North Pacific, a flag whose use is not restricted in the same way as the Arms.