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Thread: The First Amendment, like many of our other rights, is unconstitutionally restricted

  1. #31
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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Lisa View Post
    This is not a difficult concept to understand. I thought that it was to be understood in a person's high school civics requirement course. None of our rights are absolute because if they were, they would trample on the equal rights of others.
    To far to many people, they believe that "rights" are what allows them to do whatever they want, but if somebody else is doing something they do not like then they are exceeding their rights.
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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by DebateChallenge View Post
    Threatening to do something and doing it are two different things.
    True, and in the case of your original post the boy who was being bullied was his threat an imminent threat with real and present ability--- or just loose talk coming out of frustration from being harassed? Which is why law enforcement is tasked with investigating and determining if there really is a threat. The words are only a violation of the law if they are a real threat are they not? If we attempted to incarcerate everyone for loose talk we had better start building more prisons.
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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Crovax View Post
    Threat of imminent lawless action is the only thing not protected by the 1st amendment. I don’t see that changing anytime soon.
    Actually, no. There is something the USSC court calls "fighting words" that is not protected.

    An example would be a bar patron loudly declaring that another patron's wife was a "a whore." If the woman's husband were to haul off and belt the guy, the USSC has ruled that the "whore" remark was not protected free speech. And the man who provoked the assault could not argue that he was being denied his rights when his nose was bloodied.

  4. #34
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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Stealers Wheel View Post
    Actually, no. There is something the USSC court calls "fighting words" that is not protected.

    An example would be a bar patron loudly declaring that another patron's wife was a "a whore." If the woman's husband were to haul off and belt the guy, the USSC has ruled that the "whore" remark was not protected free speech. And the man who provoked the assault could not argue that he was being denied his rights when his nose was bloodied.
    This is complete and utter BS.

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by DebateChallenge View Post
    I know of this case of this boy whose mom had some kind of mental condition where she often had to be hospitalized. Anyway, this bully at school would often pick on the boy about his mom, saying that his mom was a psychopath and stuff like that. One day the boy had enough and when being picked on he said to the bully, "Knock it off, Im gonna kill you!" I don't know the whole story but from what I do know the boy got in trouble with the law for saying he was going to kill the bully. I don't think its a good idea to go around saying you're going to kill people but to get in trouble for that with the law, as this boy did, would be unconstitutional and would violate the First Amendment.
    Why don't you walk up to someone and say that in the presence of a police officer.
    Then you can try to argue to a judge and jury that YOUR 1A rights were violated by law enforcement.

    You can even yell "**** THA POLICE!!!" on the way out of the courtroom.
    If you sing it on a record you might make a bundle of money but for some reason, if you say it out loud directly to a person in public, it costs you money, and your freedom.

    I know, it's just terrible, isn't it?

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    Quote Originally Posted by EMNofSeattle View Post
    If we just got rid of democracy, or severely limited it to only those worth 1,000,000 or more this wouldn’t be an issue

  6. #36
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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Glitch View Post
    This is complete and utter BS.
    You show your complete ignorance of the law.

    In a unanimous decision in 1942 (meaning no one on the court desented or objected), the court ruled that "fighting words" are not protected by the 1st amendment. Writing for the court, justice Frank Murphy wrote:

    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 which 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.
    Now, is it your contention that either the court was 100% wrong in its decision, or that by their very nature "fighting words" such as I described above are protected by the 1st amendment, the court's unanimous decision notwithstanding? Which is it?

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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Stealers Wheel View Post
    You show your complete ignorance of the law.

    In a unanimous decision in 1942 (meaning no one on the court desented or objected), the court ruled that "fighting words" are not protected by the 1st amendment. Writing for the court, justice Frank Murphy wrote:



    Now, is it your contention that either the court was 100% wrong in its decision, or that by their very nature "fighting words" such as I described above are protected by the 1st amendment, the court's unanimous decision notwithstanding? Which is it?

    Yes, SCOTUS established the doctrine of "fighting words" as unprotected speech in Chaplinsky v New Hampshire, 315 U.S. 568 (1942). In Texas v. Johnson, 491 U.S. 397 (1989), it further defined fighting words as "a direct personal insult or an invitation to exchange fisticuffs." I'd say your example meets the definition.
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    Re: The First Amendment, like many of our other rights, is unconstitutionally restricted

    Quote Originally Posted by Cero View Post
    The first amendment freedom of speech is often categorized as something we should not use in certain situations. Now when you have opinion of something and don't follow the crowd for instance if you dont believe lgbtq should be able to change the government any further. or infact say that all marriages that were made in same sex couples should be void. often you get asked why? i'll tell you why think of a man living he just turned 18 hes going to marry this woman he met which like 27. when he marrys her he wants to have children and he loves her so much that he stayed with her. what if he stayed with her for over 30 years wondering why she couldnt have kids and never finds out his wife infact was born a man. thats the problem. men or women trying to live that sort of life and losing their chance. that is why it shouldnt be legal or if it is legal when the marraige goes through they should have to state to the other person that they were born a different sex and which sex it was.
    Often these sort of opinions are shunned. people like me get called names like homophobe but nah i'm just looking far ahead to help my country and my fellow man and the outcome that could happen to many.
    People like you get called names? For what? Your post is an English nightmare that makes little sense.

    That is the problem? Men not realizing that they are marrying a woman that was born a man and can't have kids? WTF?

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