I heard an interesting take on the Geller/1st Amendment thing this morning ...

[nadinbrzezinski]

49. Since you are making a legal argument

I will try to explain how this MIGHT fly.

Yes, hers are fighting words, though calling you the N word alone would not be subject to a criminal trial either. Tough you might, and this is where it might be actionably, sue me for psychological distress under tort law. So in the case of Geller the way this works and has been tried and no judge has yet to agree, is by accusing her of using hate speech.

There is precedent with her, and it has to do with all the adds MTS has tried to prevent from running. She has prevailed every time.

Now, purely as a thought experiment. I am muslim, I obviously object to the drawings of the prophet, they are fighting words. If I, and a bunch of my friends, lets say CAIR, get together and file a class action we MIGHT have a chance of getting standing. This is the first challenge. (There are many reasons, some have nothing to do with the amendment that give me pause with the legal system, and I doubt this case would get standing.)

Now me, the jewish immigrant hispanic woman from Mexico City, would have zero chance of getting standing since I am no part of the aggrieved class.

And this is truly the test for those who are going there. Whether a court of law will go there. So far they have not. There have been a few cases.

Now outside the court system... I find her speech to be hateful, you are correct in calling it fighting words, and perhaps something that an enterprising lawyer should explore and explore with the concept of stochastic terrorism.

One thing I have learned from watching both civil and criminal courts over the last two years is that precedent is king (I knew this but now it is beyond clear in ways that the theory does not start to illuminate) and that a decision might truly depend on word usage, and who is your expert. A lot of it has nothing to do with what started the whole thing. At times it looks like a socratic exercise as well.

On the bright side, she will be facing quite a bit of possible lawsuits, from all the folks who were there and know she has money. This is the deep pocket syndrome. It is Texas though, were tort awards are severely limited. Those, I almost expect.

Edited to clarify what areas of law the use of the N word, or this for that matter, would fall.