The 1st Amendment of the US Constitution says:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
That seems rather straight-forward, but even in the most straight-forward of ideas, people get confused, so we have to have lawyers sort it out. It seems that the Ninth Circuit is asking the Supremes to limit speech.
Ninth Circuit Judge Urges Supreme Court "Not to Give Any First Amendment Protection for Racist Hate Speech"
I know that no right is absolute. There is an old canard that you can't shout FIRE in a crowded theater. I've heard that all my life, and wondered if the theater was actually on fire?
4 comments:
Actually the Can't shout fire in a crowded theater line has NEVER been before the court. So whether is is illegal or not has never been decided. BUT common sense (I know that is lacking in some people especially the younger ones)Would dictate to NOT shout it. But sooner or later some idiot will do it and then maybe the courts wouls take it up.
And we're back to 'who' decides 'what' is hate speech... sigh
Back in the 70's or 80's in Illinois the KKK applied for a license to have a parade. City declined, they sued and won. Supreme court of Il agreed with them. Much gnashing of teeth and wringing of hands for the riots that were sure to break out. Media camera's lining the streets. Went off without a hitch and was as exciting as Geraldo opening Capon's vault.
Gah. Everytime I hear 'fire/theater' example I want to do a Batman b**ch slap on them.
Yes, you can yell 'fire/theater'. Or 'elephant, elephant, elephant'. Or anything else, at a whisper or a yell.
Now, there may be negative results of your actions, here in OH the 'fire/theater' might get you a charge of inducing panic.
Now if gov't made a law stating you are not allowed to say, 'fire/theater', that is totally "abridging the freedom of speech" and therefore unconstitutional.
Politely disagreeing, rights are absolute.
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