Except no. A forum thread would be like if they were talking so loudly the entire restaurant could hear them, so they would still likely be removed if they were saying things that were disturbing other clients of the restaurant. So good job on the false equivalence there.
They died for the country and it’s interests, in most cases. Or the interests of rich and influential people who wanted certain areas invaded or the like (look up the Banana Wars).
Then there is the fact that the first amendment specifies the government will not censor speech, specifically “or abridging the freedom of speech”, this means the GOVERNMENT can’t say ‘you can’t say these specific words’, however, it can charge you with the things those words cause. Such as using hate speech to incite or call for violence, shouting things like fire or bomb in a crowded area to incite a panic, or even just standing on a street corner and screaming/shouting and disturbing other’s peace. Heck, if you say something really offensive or the like, and get punched for it, you could even be considered the aggressor and charged with assault, with the person doing the punching not getting any charges on them.
we have had free speech since the ratification of the constitution, but just being on paper doesn’t make it so, people have had to fight for the ability to express their rights over our history as a nation. im not arguing that.
im aware, and often its used by trolls who just want to say the most offensive thing they can to upset other people. but the problem is when you regulate that speech, then you can regulate any speech. thats why free speech is about “offensive speech” and not any specific phrase or word.
i think the equivalent would be putting the offensive speech in the forum title.
this isn’t true, you can stand on a corner and use hate speech, the few places with laws attempting to regulate direct spoken words are corrupt places often in the south. a good lawyer would prove those cases unconstitutional rather quickly.
you can actually yell fire in a theater, that is allowed, however you may be charged with other crimes if people are injured or hurt from the resulting panic. if you yell fire and nobody believes you, nobody can charge you with any crime.
that’s the concept of fighting words, but that doesn’t apply to offensive speech, you can’t claim someone offended you so much you punched them, you would go to jail for assault and battery every time. fighting words is if someone is challenging you to a fight, such as “meet me in front of orgrimmar or else”
" Assault refers to the wrong act of causing someone to reasonably fear imminent harm ."
Offensive speech also includes things like threats, or being designed to incite individuals, so kindly stop shifting the goal posts and ignoring things that also make up a large bit of offensive speech.
" Disturbance (or breach) of the peace is a generic term encompassing a variety of conduct that violates public order, disturbs the public, or incites violence, including any violation of any law enacted to preserve peace and good order . It is a criminal offense recognized under common law and various statutes."
Shouting/using hate speech in a public place like a street corner or sidewalk that is government controlled would typically be considered a disturbance of the peace.
Also: I love the fact that you tried to change the meaning of what I said, instead of responding to it properly. I said the government can’t charge you for saying words, but they can charge you with things based on what those words do/cause.
In the US companies have legal person rights in a lot of cases.
True, we do have freedom. Both the right to say what we want, and the right to Private Property. Along with freedom of association.
You can say what you want, but nobody else has to host it or put up with it. That is part of our private property rights and freedom of association. Someone spewing vile things may very well find that the consequences of that are them standing alone on a corner because nobody else wants to be around them.
Again, there are consequences to what people say and do.
The only thing they have protection from is the Government jailing them, or anyone committing a crime against their person.
Well it feels tacked on because 99% of the time the 5th Amendment makes the headlines it’s in high profile criminal cases. You won’t hear Keith Morrison talking about property rights on Dateline NBC.
In fact the vast majority of cases in appellate courts are not high profile partisan cases. For example most Supreme Court cases are unanimous or near unanimous and have to do with issues you never see in the news.
Civil Lawyers use the property value decisions based on the 5th Amendment all the time.
no, if someone just insults you, that is just an insult.
as for threats, i love this scene:
quoting law is irrelevant because unconstitutional laws are written all the time and are often struck down in court.
no it wouldn’t. go check out first amendment auditors, they do this for a living, they do or say something allowed but offensive, get arrested, then sue the police department for a payout for violating their rights.
but that’s the actual truth of it, you are allowed to say fire in a theater, but you are also responsible for any fallout if something happens. this is why your highschool teacher simply said “you can’t say fire in a theater” they are wrong in that but don’t want to explain legal minutia to teenagers.
citizens united was a mistake, a massive mistake. given the stuff going on with clarence thomas and his wife, i wonder how far back the corrupt decisions have been going on.
This is incorrect. A 2008 ruling by the Supreme Court (District of Columbia v. Heller) determined that the 2nd amendment does in fact protect an individuals constitutional right to bear arms (and I don’t mean druid bear arms) and that ruling was further expanded by SCOTUS this past June (in New York State Rifle & Pistol Association v. Bruen).
He’s gone completely off his nut, I think he needs psychiatric help.
The first amendment protects your right to speak out against the government without fear of reprisal. This applies to ALL government agencies, State, Federal, and local, not just Congress.
You know. You could have just said good night. Instead of trying to be snarky and have the last word. The forum doesn’t always need to be a battle ground.
I find this post hilarious. Someone complaining about Blizzard not allowing them to be a jerk on the forums while another post is full of people spamming their homophobic BS because there are a few gay storylines in the expac.
Well, at least it’s clear how you feel about the 2nd amendment
Nevertheless, the SCOTUS decisions remain the law of the land until such time as Congress can pass a federal law that says otherwise. However, since that would require a 2/3rds majority with a Republican held House, it seems this will be the law for the time being, like it or not.
Your statement was “Thôr: No the first amendment is solely to limit the authority of congress” and that’s patently false. Correcting an egregious falsehood is far from nit picking.
It was not meant to be snarky. It’s interesting that you think it was meant to be the last word, though. You were typing as I said it, and for moments after. I checked back a few times to check for a reply.
Having nothing to do with the right to restrict persons from your property in most state trespass laws, the limits to free speech allowed in criminal law are mostly defined in two Supream Court rulings.
Schenck v. United States:
… in many places and in ordinary times, the defendants, …would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. …
Brandenburg v. Ohio:
… the government cannot punish inflammatory speech unless that speech is directed to inciting or producing imminent lawless action and is likely to incite or produce such action …
Oh look. Another person who doesn’t get that freedom of speech does NOT apply in an MMO or forums. It only applies if the government is trying to stop you from speaking your mind. It doesnt’ apply here. Its so damned annoying having to explain this over and over to someone who really just wants to say offensive stuff.
