Society and laws are at the mercy of those who are in control. Right now in the US it is the Trump administration, but I remember Barack Obama saying, “I’ve got a pen, and I’ve got a phone,” emphasizing his ability to take executive action without waiting for Congress to push his agenda forward.
Fair enough. I think the discussion ends there; I cannot use reason to dissuade you from a position that you clearly did not use reason to get yourself into.
The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions. Its origin from Schenck v. United States (1919) was overturned by Brandenburg v. Ohio (1969), which set a much higher standard for restricting speech. Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.
No. Even that limitation is unconstitutional. Look up the actual convictions and appeal rates for them
The most recent one is just a couple of months old where a guy threatened Kevin McCarthy, the House speaker, over 100 times on the phone and he only got probation because the judge knew the prison sentence wouldn’t withstand appeal.
If it has a limit, it’s not free
If I can’t do a Nazi salute, then I can’t say “I want to shoot Donald Trump in the face”
“Free bread sticks”
“I’ll take 100”
“Um… No. You can’t have that many.”
“iF tHeRe’S a LiMiT iT’s NoT fReE!”
Don’t be pedantic. A limit would be “free breadsticks only if you decide to pray to our god in front of us.”
If you say unlimited and then put a limit on it, that is illegal, as Verizon and AT&T found out in court
When did the American Constitution promise “Unlimited Speech”?
It doesn’t. It says free, meaning unencumbered. The breadstick analogy was for unlimited not free so it was disingenuous and I was countering it.
https://en.m.wikipedia.org/wiki/Paradox_of_tolerance
Society and laws are at the mercy of those who are in control. Right now in the US it is the Trump administration, but I remember Barack Obama saying, “I’ve got a pen, and I’ve got a phone,” emphasizing his ability to take executive action without waiting for Congress to push his agenda forward.
That’s not freedom.
So should there be any penalty for lying under oath?
No, because it is unconstitutional to put someone under oath
By definition, it means a solemn promise that is beholden to a deity therefore it is illegitimate in court and law by the First Amendment.
You probably also think it should not be legal to kill people that break into your house to steal your TV.
Fair enough. I think the discussion ends there; I cannot use reason to dissuade you from a position that you clearly did not use reason to get yourself into.
Scream “Fire” at a theater. Obviously you cannot.
The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions. Its origin from Schenck v. United States (1919) was overturned by Brandenburg v. Ohio (1969), which set a much higher standard for restricting speech. Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.
So you are saying there is a limitation
So there no free speech afterall 🤔
No. Even that limitation is unconstitutional. Look up the actual convictions and appeal rates for them
The most recent one is just a couple of months old where a guy threatened Kevin McCarthy, the House speaker, over 100 times on the phone and he only got probation because the judge knew the prison sentence wouldn’t withstand appeal.