General Discussion

The Velveteen Ocelot

(130,703 posts)

1. Congress can't pass laws "scuttling the First Amendment."

Reply to TheMastersNemesis (Original post)

Wed Nov 23, 2016, 01:19 PM

Nov 2016

The Constitution is controlling over all other laws, and the First Amendment specifically says: "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."

Any such attempts will quickly go to court, and even conservative judges have tended to be very protective of the First Amendment.

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GOP Will Pass Laws Scuttling 1st Amendment. [View all] TheMastersNemesis Nov 2016 OP

Congress can't pass laws "scuttling the First Amendment." The Velveteen Ocelot Nov 2016 #1

Well said n/t SickOfTheOnePct Nov 2016 #2

I'm always a bit surprised at the extent to which basic constitutional principles The Velveteen Ocelot Nov 2016 #3

Same here n/t SickOfTheOnePct Nov 2016 #4

I'm amazed as well. n/t paleotn Nov 2016 #28

like they did edhopper Nov 2016 #5

Totally different legal issue. I think the decision was wrong, The Velveteen Ocelot Nov 2016 #8

Lets not let facts get in the way of scare tactics. Bob41213 Nov 2016 #6

Had you heard of the First Amendment Defense Act (FADA) which the RW crowd has queued up to pass? Hugin Nov 2016 #7

The current Supreme Court has been very protective of First Amendment rights. The Velveteen Ocelot Nov 2016 #9

We live in a different world now. Hugin Nov 2016 #11

I can't imagine any federal court, including the Supreme Court, The Velveteen Ocelot Nov 2016 #13

The key word here being "current" kcr Nov 2016 #24

In theory you're right... white_wolf Nov 2016 #25

They would need an amendment to repeal it. Won't happend still_one Nov 2016 #31

The creation of press pens and so-called "Free Speech Zones" ... 11 Bravo Nov 2016 #36

"Free speech zones" and related concepts have been litigated for many years. The Velveteen Ocelot Nov 2016 #38

They don't have to scuttle it. world wide wally Nov 2016 #10

There again - they can't just "open up the press to libel laws." The Velveteen Ocelot Nov 2016 #12

Maybe they won't this week, but give them a year or so world wide wally Nov 2016 #14

You guys don't seem to get how this works. The Velveteen Ocelot Nov 2016 #15

Have you noticed how they have chipped away at Roe V Wade? world wide wally Nov 2016 #17

"They" would mean attempts in state legislatures to limit abortion rights. The Velveteen Ocelot Nov 2016 #19

Excellent posts malaise Nov 2016 #23

If Trump said he wanted to ban the First Amendment Dreamer Tatum Nov 2016 #18

I hope both of you are right, but I am afraid you are basing your (very sound) logic on the US world wide wally Nov 2016 #20

I hope they are correct too, WWW. Hugin Nov 2016 #21

Instead of scattershooting OPs like you do Dreamer Tatum Nov 2016 #16

That would violate the constitution. Demsrule86 Nov 2016 #22

The Constitution Is Not Relevant To Them. TheMastersNemesis Nov 2016 #26

not if their handpicked supreme court says it's perfectly fine eShirl Nov 2016 #37

The Constitution Lotusflower70 Nov 2016 #27

Oh, dear lord, folks.... paleotn Nov 2016 #29

We Are On Very Foreign Terrain Now. TheMastersNemesis Nov 2016 #30

If not our institutions have failed... paleotn Nov 2016 #33

What will prevent the U.S. from descending into full-blown fascism athena Nov 2016 #32

They've already started, thank God.... paleotn Nov 2016 #34

Here's the thing about courts and judges: The Velveteen Ocelot Nov 2016 #40

Thank you for that valuable insight. athena Nov 2016 #42

The United States will break apart before the Bill of Rights gets scuttled. N/t roamer65 Nov 2016 #35

Be kinda hard to enforce if they leave the 2A intact. ileus Nov 2016 #39

I suspect it's because they're pissed that Obama scuttled the 2nd Amendment and prohibited hughee99 Nov 2016 #41

Lot of skepticism in this thread, and rightfully so... Wounded Bear Nov 2016 #43