General Discussion
In reply to the discussion: If we're not supposed to condemn the jerks that made the anti-islam movie [View all]nadinbrzezinski
(154,021 posts)The short answer is yes. Anybody with half a brain cell can see that. Were they only because of a movie? That will be debated for a while. Since a lot of that is also internal. Gasp, I know, groups jockeying for power after the old tyrant fell, who't think?
What makes US Code unenforceable is the lack of those doing the incitement being present there. That is a critical qualifier of the US Code in question, those who are doing the incitement have to be PHYSICALLY as in PERSON, there. This is a bad example since you also have the complication of international customary law, but as we see more events where the incitement occurs in social media, I can almost see a revision to that US Code.
Here you go...
18 USC § 2102 - DEFINITIONS
http://www.law.cornell.edu/uscode/text/18/2102
Why do you think our lovely neo nazis even know those limits these days and stay clear of crossing them? The same goes for many groups that espouse hate speech?
I can't help you if you cannot connect that.
Sorry.
By the way, nice personal attack there sparky. My knowledge of US Constitution and law come from people who have far more of a clue on it, a few of them are CONSTITUTIONAL lawyers, and a smidgen of International lawyers, not the Wikipedia. And as far as the First Amendment is concerned, there are reams of ACADEMIC texts on it... and papers in places like insert law review here. My favorite story in one of these a few decades ago was the do not scream fire in crowded theater, a young child asked a supreme court justice, what if there is a fire, like for real? Justice Brennan thought on it, and answered, that in that case he could scream fire, just as long as there was a real fire. I have no idea if the story is for real, or a nice legend, but I always found it cute.
We have had these discussions since the country became one and signed that Constitution, and slowly a corpus of law has emerged, with GASP, limits. There are far less limits to speech in the US, than let's say oh Germany, but the history is also different. That is one reason for that. I am betting that if we had something like the Holocaust occur in the US, and we lost the wear, and were occupied by foreign powers, that you are free to espouse hate speech quirk would go away like fast. On the other hand, we might get universal health care and union protections imposed by that occupier, like we did in Germany, Italy and Japan...