Does the 'right to free speech' actually exist in the US?

Discussion in 'Political Opinions & Beliefs' started by chris155au, Jul 31, 2020.

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Does the 'right to free speech' actually exist in the US?

  1. YES

  2. NO

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  1. modernpaladin

    modernpaladin Well-Known Member Past Donor

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    Yes, much in the same way that we have the right to bear arms (carry guns) but not the right to brandish them, wave them about unsafely or fire randomly while doing so.
     
  2. chris155au

    chris155au Well-Known Member

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    Speech which is a 'call violence.'
     
    Last edited: Sep 10, 2020
  3. chris155au

    chris155au Well-Known Member

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    What is the speech equivalent of acting in that way with a gun?
     
  4. FreshAir

    FreshAir Well-Known Member Past Donor

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    well one can't go up to a cop and say they're going to harm or kill them, that kinda thing, but freedom of speech is real
     
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  5. FreshAir

    FreshAir Well-Known Member Past Donor

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    nope, then you would be silenced by threats of violence
     
  6. TOG 6

    TOG 6 Well-Known Member

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    You falsely equate the restriction of certain forms of speech to a restrictionon free speech.
    Not all speech is free speech.
     
  7. TOG 6

    TOG 6 Well-Known Member

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    Falsely yelling "fire!!" in a crowded theater.
     
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  8. fmw

    fmw Well-Known Member

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    Are you quoting something from a U.S. statute? If so, please reveal it because it is unconstitutional. Inciting a riot is illegal in the U.S. It has nothing to do with freedom of speech but being convicted of it can be a consequence of the speech used to incite. If one tries to incite a riot and fails to incite one, there is no consequence. The speech is fine. The riot is not. You are having trouble with understanding the difference between freedom of speech and the consequences of what one says. Most Americans understand it pretty well. We have lived with our first amendment for more than two centuries.
     
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  9. fmw

    fmw Well-Known Member

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    Perfectly legal. But if people evacuate the crowded theater, the speaker could be guilty of disturbing the peace or some other similar crime.
     
  10. TOG 6

    TOG 6 Well-Known Member

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    And the 1st Amendment would not protect him because his expression placed people in a condition of clear, present and immediate danger.
    Just like waving around a gun and firing it randomly in the air.
     
  11. chris155au

    chris155au Well-Known Member

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    The 2nd Amendment does not grant the right to bear arms AND wave them around and fire them randomly in the air.
     
    Last edited: Sep 11, 2020
  12. chris155au

    chris155au Well-Known Member

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    Yeah, I see what you mean, but the person isn't themselves participating in the riot. So I still argue that it is their SPEECH which is being prosecuted.
     
    Last edited: Sep 11, 2020
  13. chris155au

    chris155au Well-Known Member

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    Speaking of statutes - aren't you aware of the one or two examples of speech codes in certain states such as New York?
     
  14. chris155au

    chris155au Well-Known Member

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    Ah! Do we have a conflict here? fmw, you seem to believe that it would be prosecutable only IF people evacuate the crowded theater. Tog6, you seem to think that it would be prosecutable regardless, given the potential consequences which it could have led to.
     
    Last edited: Sep 11, 2020
  15. chris155au

    chris155au Well-Known Member

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    No, I equate the restriction of certain forms of speech to a restriction on speech, not a restriction on FREE speech.

    That's getting close to what the left says: HATE speech is not FREE speech. If the legal standard is, "not all speech is free speech", then what's stopping hate speech laws? It doesn't matter HOW many speech laws are introduced, the standard, "not all speech is free speech", will STILL always apply.
     
    Last edited: Sep 11, 2020
  16. chris155au

    chris155au Well-Known Member

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    But it would mean that there would be even more freedom of speech for CERTAIN people, right? Mainly those who are making threats. It's also worth noting that people still make threats, even though it is currently illegal. It turns out that many people don't give a damn about the law. Who would've thought?
     
    Last edited: Sep 11, 2020
  17. chris155au

    chris155au Well-Known Member

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    Why do you specify a cop?
     
  18. FreshAir

    FreshAir Well-Known Member Past Donor

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    just an example, that everyone should agree with
     
  19. chris155au

    chris155au Well-Known Member

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    Well if they agree for a cop, then they shouldn't disagree for a non-cop.
     
  20. fmw

    fmw Well-Known Member

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    It protects his right to say it. It does not protect him from the consequences. It has always been that way.
     
  21. chris155au

    chris155au Well-Known Member

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    Looks like you disagree.
     
  22. quiller

    quiller Well-Known Member

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    The assumption it would succeed underestimates the resolve of some speakers.
     
  23. TOG 6

    TOG 6 Well-Known Member

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    You avoided the issue put to you.
    I'll let you.
     
  24. TOG 6

    TOG 6 Well-Known Member

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    Your question:
    Does the 'right to free speech' actually exist in the US?
    As such, your equation means nothing.
     
  25. chris155au

    chris155au Well-Known Member

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    DON'T let me avoid it! What issue?
     
    Last edited: Sep 12, 2020

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