So then we couldn't make a lot of laws we have because they can violate rights in one way or another. We couldn't outlaw yelling "fire" in a crowded building since we have a right to say whatever we want. In fact, most laws dealing with copyright would be unenforceable because it could easily be argued that there is the right to free speech (or expression, including written expression of speech) and not a right to ensure that what you come up with, creatively is guaranteed to only make you money. We couldn't outlaw any religious practices no matter how harmful or burdensome they may be. We couldn't outlaw any sort of defamation. We could not outlaw even nuclear missiles being owned by private citizens. We couldn't have any form of punishment since technically all punishment could be considered "cruel and unusual" to someone. There are many more.
Rights are always weighed against the good of others and how those rights may be in contention of other rights others have, even those not necessarily recognized explicitly by the US Constitution.
if you yell "fire" in a theater..you are not held accountable for the words "fire"..your speech..you are held accountable for the pain and suffering ,lose of revenues, or even death it may cause....so its not your speech....it what your speech
causes.
if you yell "fire", and no one moves, their is no pain and suffering or death, and no lost of revenue...what is your crime?........because their is no victim........
its when you use your speech to damage someone, causing physical pain suffer, lose of revenue, lost of a position which brings in revenue, reputation ...that is a violation.......hurting your feelings is
not violation
nuclear missiles are not arms...they are ordnance..not covered by the constitution.
the idea of laws is to secure rights of the people..NOT APPLY FORCE...........if no rights are being violated, then government has no authority to act..
can government make it illegal for people to have purple hair?........no!..... because someone having purple hair, does not violate the rights of the people.
this in turn makes it illegal for government to create a law, which violates rights......yet their is no victim for the law to be made in the first place.
THE EASIEST WAY I CAN SAY THINGS IS......when government makes a law on people, there has got the be the possibly there is going to be a victim..........no victim.. no law!