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Stonepounder

(4,033 posts)
17. I'm not completely satisfied that this is truly a settled question.
Tue Aug 15, 2017, 11:45 PM
Aug 2017

There is a fine line between protected free speech and prohibited libel and/or incitement to violence.

For example, see Beauharnais v. Illinois:

Facts of the case:
Joseph Beauharnais, president of White Circle League, Inc., was arrested on January 7, 1950 for distributing leaflets on Chicago street corners. The leaflets called in part upon the mayor and aldermen of Chicago "to halt the further encroachment, harassment and invasion of white people…by the Negro." Beauharnais was charged with violating an Illinois law making it illegal to distribute any publication that "exposes the citizens of any race, color, creed or religion to contempt, derision, or obloquy." A jury found him guilty and he was fined $200. The Illinois Supreme Court affirmed his conviction.

Question:
Did Beuharnais' conviction under the Illinois statute violate his constitutional right to free speech under the First and Fourteenth Amendments?

Conclusion:
No. In a 5 – 4 opinion authored by Justice Felix Frankfurter, the Court concluded that Beuharnais' speech amounted to libel and was therefore beyond constitutional protection. Citing the racial tensions of the day, the Court characterized Beuharnais' speech as provocative and rejected the argument that the Illinois statute could be easily abused, stating, "Every power may be abused, but the possibility of abuse is a poor reason for denying Illinois the power to adopt measures against criminal libels sanctioned by centuries of Anglo-American law."

"Beauharnais v. Illinois." Oyez, https://www.oyez.org/cases/1940-1955/343us250. Accessed 15 Aug. 2017.

Very nice 10,000th leftstreet Aug 2017 #1
What happened bdamomma Aug 2017 #2
I agree with you. Maven Aug 2017 #3
I expressed this same sentiment here the other day stopbush Aug 2017 #4
i get huffy bora13 Aug 2017 #23
I agree -- it is AT BEST incitement obamanut2012 Aug 2017 #5
A brief lecture on the First Amendment Jim Lane Aug 2017 #7
I read not one word of that -- I neither want nor need your lecture obamanut2012 Aug 2017 #8
Uh, just whom do you think I was patronizing? Jim Lane Aug 2017 #10
+1 onenote Aug 2017 #11
I'm not completely satisfied that this is truly a settled question. Stonepounder Aug 2017 #17
You're right that it's not fully settled. There are always gray areas. Jim Lane Aug 2017 #34
I read it. Chellee Aug 2017 #22
Well I am over the first amendment then. Tumbulu Aug 2017 #24
Let me suggest a broader view of the history of the First Amendment. Jim Lane Aug 2017 #35
It really does not matter what I think about it Tumbulu Aug 2017 #37
I agree with you leanforward Aug 2017 #6
Excellent 10,000 Post burrowowl Aug 2017 #9
Great post. Thanks for the info. oasis Aug 2017 #12
When Hitler said "we lost the war; but shall win the peace," sandensea Aug 2017 #13
Please provide a source for that quote. n/t PoliticAverse Aug 2017 #27
I am Germany right now... a la izquierda Aug 2017 #14
And we are equally puzzled, but witnessing a phenomenon: lambchopp59 Aug 2017 #30
It seems to me that is has been going on for three decades Tumbulu Aug 2017 #38
Congrats and thank you for your 10,000th post! smirkymonkey Aug 2017 #15
Here is the problem with that approach marylandblue Aug 2017 #16
Section 86a does not ban specific symbols outright Lithos Aug 2017 #19
And yet far right white nationalist parties have more electoral success Germany than in the US funflower Aug 2017 #18
That's because we don't have a 2-party system in Germany Ezior Aug 2017 #36
Bless you and your family, and congrats on 10,000th post SWBTATTReg Aug 2017 #20
K&R... spanone Aug 2017 #21
I've long argued that this country needs a serious discussion about destructive propaganda Oak2004 Aug 2017 #25
Agree! Thanks for posting ! Tumbulu Aug 2017 #40
"I believe the US Congress should pass a law that bans these symbols and salutes from being used" PoliticAverse Aug 2017 #26
This situation raises some really difficult questions. The Velveteen Ocelot Aug 2017 #28
Agree! Tumbulu Aug 2017 #41
I sure agree with you about how very fast things in this country have gotten worse. PatrickforO Aug 2017 #29
WHISIS lambchopp59 Aug 2017 #31
There is a legal maxim: marybourg Aug 2017 #32
We can pass laws all day long Phoenix61 Aug 2017 #33
Thank you for making this your 10,000th post. MineralMan Aug 2017 #39
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