Kids these days
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Have you even heard the phrase "if you dont know what you're talking about, dont talk about it"
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Have you ever heard of a little thing called the First Amendment?!
...Here we go again!
...Here we go again!
Last edited by SubyWrxGuy; Sep 28, 2011 at 03:03 PM.
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Not so fast .....
Proponents of free speech argue that there should be no limits on what we say no matter the unintended consequences. The First Amendment protects our right to express ourselves, “Congress shall make no law . . . abridging the freedom of speech.” Are there limits on this right of expression? There are. The Constitution does not grant absolute immunity to those who would abuse this freedom to incite violence. In 1942 the United States Supreme Court decided Chaplinsky v. New Hampshire .
Chaplinsky was a Jehovah’s Witness who was prosecuted for calling a marshal a fascist and a “damned racketeer” while the marshal attempted to stop him from preaching publicly. The Court upheld the conviction noting that the case presented a gross example of the abuse of the privilege of allowing every citizen to speak his or her mind, “There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or “fighting words” those that by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.”
Over the course of the next 47 years the Court narrowed this proscription allowing more inflammatory words and gestures constitutional protection. In 1969 the Court decided Brandenburg v. Ohio. Brandenburg was a member of the Klan in Ohio and was filmed advocating violence against African-Americans and Jews. He was convicted of violating that state’s criminal syndicalism statute. Ultimately the U. S. Supreme Court reversed the conviction as it discussed the evolution of its decisions that, ” . . . have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
Proponents of free speech argue that there should be no limits on what we say no matter the unintended consequences. The First Amendment protects our right to express ourselves, “Congress shall make no law . . . abridging the freedom of speech.” Are there limits on this right of expression? There are. The Constitution does not grant absolute immunity to those who would abuse this freedom to incite violence. In 1942 the United States Supreme Court decided Chaplinsky v. New Hampshire .
Chaplinsky was a Jehovah’s Witness who was prosecuted for calling a marshal a fascist and a “damned racketeer” while the marshal attempted to stop him from preaching publicly. The Court upheld the conviction noting that the case presented a gross example of the abuse of the privilege of allowing every citizen to speak his or her mind, “There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or “fighting words” those that by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.”
Over the course of the next 47 years the Court narrowed this proscription allowing more inflammatory words and gestures constitutional protection. In 1969 the Court decided Brandenburg v. Ohio. Brandenburg was a member of the Klan in Ohio and was filmed advocating violence against African-Americans and Jews. He was convicted of violating that state’s criminal syndicalism statute. Ultimately the U. S. Supreme Court reversed the conviction as it discussed the evolution of its decisions that, ” . . . have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
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^ I believe the point I was trying to make, was that I gave someone a compliment pertaining to their car and I'm immediately scrutinized for it.
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