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Atticus

(15,124 posts)
Sat Jun 27, 2020, 10:51 AM Jun 2020

Serious question: should ALL speech be protected? The obvious answer is, I believe, "no".

Most of us are familiar with the commonly offered example that one cannot shout "FIRE!" In a crowded theater when there is no fire. While that makes obvious sense, it is not terribly useful in judging other examples of "extreme" speech.

When Trump---who has praised, condoned and encouraged violence as a response to those with whom he disagrees---publishes poor-quality photos of people "suspected" of vandalizing a statue along with a screed about the "seriousness" of the crime--- is that not the equivalent of the "FIRE!" example?

Do we not believe that many in his "poorly educated" base understand that he is signalling for these "suspects"---or those who resemble them---to be "dealt with"?

As they have done with patriotism, religious freedom and the Second Amendment, the Trumpies have perverted freedom of speech into an unrecognizable weapon which they use to bludgeon their opponents

16 replies = new reply since forum marked as read
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Serious question: should ALL speech be protected? The obvious answer is, I believe, "no". (Original Post) Atticus Jun 2020 OP
NO... hlthe2b Jun 2020 #1
All speech isn't protected. There are exceptions, such as: COLGATE4 Jun 2020 #2
Yes... I agree. Thats my point. hlthe2b Jun 2020 #10
Hate speech is protected Coleman Jun 2020 #11
There are laws which criminalize hate speech COLGATE4 Jun 2020 #15
Please enlighten me Coleman Jul 2020 #16
No. Especially that I do not like. Sneederbunk Jun 2020 #3
It isn't. The Velveteen Ocelot Jun 2020 #4
The border of the 1st Amendment is clear..... paleotn Jun 2020 #5
Most speech should be protected janterry Jun 2020 #6
Not all forms of speech are the same. Political speech is the most protected form of speech sop Jun 2020 #7
While I agree that what you've said is accurate, it is just another one of our Atticus Jun 2020 #8
Just because a political figure says something doesn't always make it "political speech." sop Jun 2020 #14
Freedom of Speech snowybirdie Jun 2020 #9
Popehat has a good article on free speech... Dr. Strange Jun 2020 #12
I prefer all of the "free speech" that Chainfire Jun 2020 #13

COLGATE4

(14,732 posts)
2. All speech isn't protected. There are exceptions, such as:
Sat Jun 27, 2020, 10:56 AM
Jun 2020

libel/slander, child pornography, hate speech, incitement to violence to name a few.

The Velveteen Ocelot

(115,681 posts)
4. It isn't.
Sat Jun 27, 2020, 11:00 AM
Jun 2020

Forms of speech that can be restricted or prohibited include obscenity, fraud, child pornography, speech integral to criminal conduct, speech that incites crime, defamation, speech that violates intellectual property law, threats, and advertising.

paleotn

(17,911 posts)
5. The border of the 1st Amendment is clear.....
Sat Jun 27, 2020, 11:03 AM
Jun 2020

One's 1st Amendment rights end precisely where they interfere with or impair the rights of anyone else. Things like slander and liable lie well beyond this border and are not protected by free speech. My right to own property, a social media platform perhaps... well, you know the rest.

 

janterry

(4,429 posts)
6. Most speech should be protected
Sat Jun 27, 2020, 11:04 AM
Jun 2020

If you are inciting or directing violence, then of course not.

But most speech should be protected.

sop

(10,164 posts)
7. Not all forms of speech are the same. Political speech is the most protected form of speech
Sat Jun 27, 2020, 11:10 AM
Jun 2020

under the First Amendment. The Supreme Court has decided that political speech warrants the highest level of scrutiny against the laws that regulate it. When it comes to expressing political views, there's little that can be done to limit that form of expression, no matter how over the top.

Atticus

(15,124 posts)
8. While I agree that what you've said is accurate, it is just another one of our
Sat Jun 27, 2020, 11:20 AM
Jun 2020

long-established "understandings" that fails to protect us from psychopaths like Trump.

sop

(10,164 posts)
14. Just because a political figure says something doesn't always make it "political speech."
Sat Jun 27, 2020, 01:06 PM
Jun 2020

Most of what Trump puts out is hate speech, incitement to violence and lies that kill people.

snowybirdie

(5,225 posts)
9. Freedom of Speech
Sat Jun 27, 2020, 11:25 AM
Jun 2020

is protection, mostly from, government actions against it. Speech is not protected from private ramifications from what is said. i. e. A boss can fire someone for something they post on Facebook.

Chainfire

(17,531 posts)
13. I prefer all of the "free speech" that
Sat Jun 27, 2020, 12:49 PM
Jun 2020

can possibly survive. I would rather see haters out in the open where they can be dealt with rather underground. When Nazis march in the street, their faces are on display for the world to see, and that is a good thing.

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