Saturday, November 23, 2019

                            
                                                                              #StillWithKap
                                                 


We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

You see, in America, free speech can get ugly. That’s the price you pay for having free speech. That’s why the Ku Klux Klan wanted to to march in heavily-Jewish Skokie, Ill. years ago (they wound up marching in Chicago). It may be ugly and uncomfortable, but free speech is not about protecting speech that everybody agrees with.
It is a right when not respected as a different opinion you may not like , but taken away you lose the speech you agree with if it is not agreed to by all.
According to The Supreme Court, Free Speech was ruled as such.

Congress shall make no law…abridging freedom of speech.”
Freedom of speech includes the right:

To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990)
Freedom of speech protects everyone from all walks of life to think and express themselves freely. Without this guaranteed freedom, unpopular opinions would be hidden out of fear of retribution, change and progress would come to a screeching halt and all of the other freedoms listed throughout the Constitution and all of the amendments that follow would crumble.
Free Speech also protects:
Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).


Tinker v. Des Moines, 393 U.S. 503 (1969).

To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).

To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).

To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).


Hate Speech
I keep hearing about a supposed “hate speech” exception to the First Amendment, or statements such as, “This isn’t free speech, it’s hate speech,” or “When does free speech stop and hate speech begin?” But there is no hate speech exception to the First Amendment. Hateful ideas (whatever exactly that might mean) are just as protected under the First Amendment as other ideas. One is as free to condemn Islam — or Muslims, or Jews, or blacks, or whites, or illegal aliens, or native-born citizens — as one is to condemn capitalism or Socialism or Democrats or Republicans.

To be sure, there are some kinds of speech that are unprotected by the First Amendment. But those narrow exceptions have nothing to do with “hate speech” in any conventionally used sense of the term. For instance, there is an exception for “fighting words” — face-to-face personal insults addressed to a specific person, of the sort that are likely to start an immediate fight. But this exception isn’t limited to racial or religious insults, nor does it cover all racially or religiously offensive statements. Indeed, when the City of St. Paul tried to specifically punish bigoted fighting words, the Supreme Court held that this selective prohibition was unconstitutional (R.A.V. v. City of St. Paul (1992)), even though a broad ban on all fighting words would indeed be permissible. (And, notwithstanding CNN anchor Chris Cuomo’s Tweet that “hate speech is excluded from protection,” and his later claims that by “hate speech” he means “fighting words,” the fighting words exception is not generally labeled a “hate speech” exception, and isn’t coextensive with any established definition of “hate speech” that I know of.)

The same is true of the other narrow exceptions, such as for true threats of illegal conduct or incitement intended to and likely to produce imminent illegal conduct (i.e., illegal conduct in the next few hours or maybe days, as opposed to some illegal conduct some time in the future). Indeed, threatening to kill someone because he’s black (or white), or intentionally inciting someone to a likely and immediate attack on someone because he’s Muslim (or Christian or Jewish), can be made a crime. But this isn’t because it’s “hate speech”; it’s because it’s illegal to make true threats and incite imminent crimes against anyone and for any reason, for instance because they are police officers or capitalists or just someone who is sleeping with the speaker’s ex-girlfriend. Generally so called Hate Speech if it specifically instructs others or is an admission to commit by said speaker a future crime against others is not protected. That is why we have libel laws to stop that type of behavior.

Bill of Rights
Article [I] (Amendment 1 – Freedom of expression and religion) 13
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.
When Free Speech and The Right to Peacefully Assemble, The Right to Petition our Government for redress of Grievances.


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