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What is free speech?

No really. Shouting fire in an theater is a lie and not protected.
Actually it is protected. What isn't protected, is any resulting public disturbance or panic that leads to injury or property damage as a result. If no such panic or damage happens, the speech can not be punished.
How about incitement to violence?
inciting violence is not protected speech
There is a difference between dishonest and purposeful lie. Why should that be protected? Lying about Covid vaccines cost lives. Does that not matter?
Lying is protected speech. Unless inciting violence, perjury or libel.
 
The US constitution was ratified in 1791. The US Congress passed the Sedition Act in 1798 IIRC. That act made certain types of political speech criminal and prosecutable by the Federal Government.

There was also criminal libel laws and jurisprudence on the books both before and after the American War of Independence.


Cheers and be well
Evilroddy.
 
In point of fact, you are wrong. The "fire in a theater" example came from Schenk v United States , which has been overturned. Also, even without that fact, the issue with yelling fire in a theater is not that it is a lie, but that it is dangerous. In other words, you could yell out other lies in a theater without legal repercussions just fine.


Depends very much on the case.


"Is it protected?" and "why should it be protected?" are two different things. To the best of my knowledge, it is protected or largely protected. You might, possibly, be able to charge someone with something, but would need to prove they knew it was a lie, and a reasonable person would believe that lie. I am not sure what the charge would be though, and the odds of conviction are likely very low. As to why it should be protected: our country was founded with a bedrock solid conviction that free speech was incredibly important. While there are limits to free speech, they should be incredibly rare and limited. People should be responsible for actually researching decisions, and not making them because Joe Blow says so. I do not like anti-vaxxers, not at all, but I think even people I do not like should have their rights protected.
I think the real problem is the “reasonable person” standard itself.

It’s not the reasonable people who are made dangerous by the lies being discussed. It’s the unreasonable ones. The ignorant, uneducated, those without personal power or agency.

It’s why I have redefined the word “lie” to include any information one promulgates with the intent of causing the target audience to misapprehend the situation at hand in the way those who pay them want that audience to.
 
I am using "censor" in the legal sense.
I can be legally fired for things I say by my employer.

What legal sense are you referring to?
 
I consider child pornography as violence against children....how you decide to define it is your business.

What consenting adults do with each other is none of my biz.
I don't disagree.

Blackmail is also not protected free speech. How is that violence against a group of people or person?
 
Seriously? The best you can do is a "whataboutTrump" with a childish tRump comment.

Hmm… in response to a “whataboutBiden” post? Use of analogies only seem to be automagically transformed into “whataboutisms” if they ‘trigger’ the reader’s partisan sensibility.

The thread topic is the free speech portion of the 1A, which applies to government restrictions (criminal charges or penalties?) based on someone’s speech (in any form?). Discussing that topic without using analogies or examples would be nearly impossible.
 
Well yeah, money sure isnt "free" though. So how money is "free speech" is beyond me I'm afraid.

But its great for FrEeDuMbZ$™.

It takes money to create a movie, print flyers/signs or to purchase/rent mass media advertising access. Having the right to speak, yet not to as large an audience as possible (but only for ‘political’ speech “too” close to a federal election time) was ruled unconstitutional. Even “FrEeDuMbZ” folks should be able to grasp the meaning of the CU v FEC SCOTUS decision.

 
In regards to this particular "free speech" no matter how much I abhor the corruption money brings, I can not agree on limiting it. Instead I propose balancing it.
First, elections should be run on public funds. Then whenever, in any election, private money is spent under the guise of free speech, to benefit one side the other side should get public funds to match. Then the money remains free speech, but it loses its unfair advantage.

That would be totally unworkable. How much money was spent to print, distribute and/or display a “vote yes on proposition #2” sign then becomes an official federal government matter - compliance costs alone would make that all, but impossible for someone to create and display a ‘political’ sign and place it in some ‘prime’ location. Would that give the “other side” (someone who opposes proposition #2) ‘matching’ federal funding to place a “vote no on proposition #2” sign in that same ‘prime’ location? Would either sign be allowed to be larger, brighter or placed in the most advantageous position at (or very near?) that ‘prime’ location?

Simply making it about monetary amount spent or the ‘political’ nature of the message changes the 1A completely.

BTW, what if there are multiple (say 10) candidates all running for the same office? Do all (each of the other 9) of those “other side” candidates get equal (matching?) public funding if any one of those campaigns gets any private (non-government) funding?

Should we do the same for religious ‘contributions’ (free exercise of religion)? If $X is privately given to church group A should $X of public funds be given to all ‘not A’ church groups?
 
Hmm… in response to a “whataboutBiden” post? Use of analogies only seem to be automagically transformed into “whataboutisms” if they ‘trigger’ the reader’s partisan sensibility.

The thread topic is the free speech portion of the 1A, which applies to government restrictions (criminal charges or penalties?) based on someone’s speech (in any form?). Discussing that topic without using analogies or examples would be nearly impossible.
You see the emoji at the end of the post? Kinda indicates it wasn't completely serious. The post I criticized was serious.
 
Free speech is, in short, the ability to express yourself without government interference. And freedom of speech does not mean freedom from consequences. It's just that the government cannot apply them.
^^^ THIS ^^^
 
There are actually quite a few types of unprotected speech that have yet to be mentioned:

fighting speech (intended to incite violence)
obscenity
blackmail/true threats
incitement to imminent lawless action
solicitation to commit crimes
plagiarism

Another, more complicated, category is the release of classified information. One of my greatest disappointments in the Obama administration was its use of the Espionage Act to aggressively pursue government whistleblowers who revealed wrongdoing to journalists.

Remember that the 1st reads, in part, "the Congress shall make no law... abridging freedom of speech". Abridge meant and means "to limit." Congress has violated the 1st repeatedly (in my view), but the SCOTUS disagrees.
 
There are actually quite a few types of unprotected speech that have yet to be mentioned:

fighting speech (intended to incite violence)
obscenity
blackmail/true threats
incitement to imminent lawless action
solicitation to commit crimes
plagiarism

Another, more complicated, category is the release of classified information. One of my greatest disappointments in the Obama administration was its use of the Espionage Act to aggressively pursue government whistleblowers who revealed wrongdoing to journalists.

Remember that the 1st reads, in part, "the Congress shall make no law... abridging freedom of speech". Abridge meant and means "to limit." Congress has violated the 1st repeatedly (in my view), but the SCOTUS disagrees.
When has the government censored speech?
 
When has the government censored speech?
If you mean censor as in suppressing speech before it happens as opposed to punishing it after the fact, then we would never know that. I imagine that it has been rare but I would be very surprised if a some point for reasons of national security something hasn't been censored. But censorship through coercion via the threat of punishment happens all the time.
 
of course lying is protected free speech.....otherwise the media would not exist.......what's a pity is ignorance is also free......
 
I think we should consider speech intended to rally a genocide or meant to drive harassment or killing should be looked at. Alex Jones comes to mind, so does Matt Walsh and Tucker carlson.
 
Are purposeful lies free speech? How about if they cause harm?
all lies are free speech ....unless they do harm or damage to others
 
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