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In both its rhetoric and analysis, his opinion took the court much further than necessary to accomplish a simple invalidation.
Under the court's First Amendment precedents, government-imposed restrictions must go no further than necessary to accomplish a "compelling government interest" -- in this instance, protecting children from harmful material on the Internet.
Dr. Tobin maintained that Keynes had been right in arguing that the economy needed help on occasion in solving problems like severe unemployment and poverty, but that he went further than necessary.
The new standards in the prison act were such a change, Justice O'Connor said, requiring an order governing prison conditions to be "narrowly drawn," to go "no further than necessary," and to be "the least intrusive means necessary" to correct the violation.
The balance on this issue is almost certainly held by Justice Sandra Day O'Connor, who perhaps among all the court's members is the least likely to be impressed by an all-or-nothing argument that takes the court further than necessary to resolve the particular dispute.
Cynics portraying this as a Washington power-struggle point out that most banking subsidiaries would be regulated by the Federal Reserve; bank holding companies would fall under the Comptroller of the Currency, an arm of the Treasury.Where the Fed is clearly right is in saying that the safety net is a valuable subsidy to banks that should not be extended further than necessary.
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The committee said some complainants thought the party's reputation had been "publicly damaged by the response to the Webster report going further than was necessary to respond in the public domain".
In the name of the war on terror, greater national security, and globalization trends, information laws, and policies often go further than is necessary and impact on the information rights of citizens.
Liberal Democrat group leader Jeremy Hilton said: "Our concern is that the Tories have a gung-ho attitude to the cuts and that our services will be cut much further than is necessary".
Kennedy states that is all that is needed to decide the case, but that the Court went further than was necessary when it decided that Congress had the power under the constitution to authorize tribes to prosecute non-member Indians.
The Canadian festival benefits from an increasingly squeezed release schedule – so studios are keen to launch their films as late in the season as possible – as well as from the disinclination of LA players to fly further from home than necessary (Toronto re-screens Venice's key titles just days after their Europe premiere).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com