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originally posted by: OccamsRazor04
originally posted by: ForteanOrg
originally posted by: Logarock
a reply to: Benevolent Heretic
But the baker is still discriminating
In my country it's against the law to insult people. Discrimination with the law as your guide is actually mostly seen as correct and ethical behaviour.
Depending on what the message was, I agree. If it was not "religious" and merely insulting, then it should not be protected. If it's a Bible quote, then it should be.
My opinion is that this is all nonsense and both bakers should be able to refuse.
originally posted by: Benevolent Heretic
originally posted by: Jamie1
Finally somebody is catching on!!!!
There are NO laws to force a business to create any type of custom content or message, or produce any specific type of custom product.
No one is "catching on". We already know this. The only reason we've accented the fact that the baker doesn't print derogatory messages for ANY customers, is that it makes her non-discrimination perfectly clear. If she iced a cake with "Religious Bigots Suck" and then refused to ice a cake with "God Hates F**s", there COULD be more strength to a case brought against her, claiming that she refused, based on religious grounds, depending on how it was viewed in a court of law.
You're right. There are no laws that force a business to create custom content or messages. But the fact that she refuses derogatory messages across the board, makes her non-discrimination case very strong.
EVERYTHING is rooted in religious beliefs whether you care to believe it or not.
originally posted by: ThirdEyeofHorus
a reply to: Benevolent Heretic
I understand full well that the govt tells us not to murder people, but the law also tells us we can murder unborn babies, sooooooo I think you need to revisit your thinking on what our laws are doing and what the motive is behind it.
So please do not patronize me on the meaning of the law,
I may be wrong but I thought private businesses could deny service to anyone they wanted to...
It does not protest speech in terms of forcing other citizens to repeat your speech.
originally posted by: ThirdEyeofHorus
a reply to: Jamie1
Funny I didn't see anything in the amendment that limited free speech to dissent only against the government. Did I miss something or is this just your interpretation. Do tell.
originally posted by: Grimpachi
a reply to: ThirdEyeofHorus
It looks like you missed the point.
She said:
It does not protest speech in terms of forcing other citizens to repeat your speech.
She meant protect not protest. Maybe you can figure it out now.
All western european countries have hate-speech laws. In 2008, the eu adopted a framework decision on “Combating Racism and Xenophobia” that obliged all member states to criminalize certain forms of hate speech. On the other side of the Atlantic, the Supreme Court of the United States has gradually increased and consolidated the protection of hate speech under the First Amendment. The European concept of freedom of expression thus prohibits certain content and viewpoints, whereas, with certain exceptions, the American concept is generally concerned solely with direct incitement likely to result in overt acts of lawlessness.
Yet the origin of hate-speech laws has been largely forgotten. The divergence between the United States and European countries is of comparatively recent origin. In fact, the United States and the vast majority of European (and Western) states were originally opposed to the internationalization of hate-speech laws. European states and the U.S. shared the view that human rights should protect rather than limit freedom of expression.
Rather, the introduction of hate-speech prohibitions into international law was championed in its heyday by the Soviet Union and allies. Their motive was readily apparent. The communist countries sought to exploit such laws to limit free speech.
originally posted by: Jamie1
originally posted by: ThirdEyeofHorus
a reply to: Jamie1
Funny I didn't see anything in the amendment that limited free speech to dissent only against the government. Did I miss something or is this just your interpretation. Do tell.
The 1st Amendment limits the powers of the government over the citizens.
The government shall make no law establishing a religion, or prohibiting the free expression thereof. You might have misunderstood my post.
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.[1]
It has everything to do with hate speech laws. Everything in this thread is about how a baker didn't want to put hate speech on a cake and the laws about hate speech and discrimination.
originally posted by: Grimpachi
a reply to: ThirdEyeofHorus
This has nothing to do with hate speech laws nor is it about western europe so I have no idea why you even bring them into the mix. Maybe you just feel like going off topic.
She defined how the 1st Amendment works. If you have been paying attention she is saying the 1st Amendment can not force another person to repeat your speech. Which is true.
The thread is about a guy who lodged a complaint because a baker will not repeat on a cake what he wanted. Jamie has been explaining with defining the 1st Amendment why the 1st Amendment has not been infringed.
Maybe you feel the 1st Amendment does have something to do with the OP if so please explain.
It has everything to do with hate speech laws. Everything in this thread is about how a baker didn't want to put hate speech on a cake and the laws about hate speech and discrimination.
originally posted by: coldkidc
a reply to: Grimpachi
So who gets the nod when matters of conflicting creeds butt heads?
The store owner or the customer?
Have the courts ruled on that at some point?
I find it hard that in the land of the "corporations are people" mindset the store owner is left with lesser rights than their customer...
It has everything to do with hate speech laws. Everything in this thread is about how a baker didn't want to put hate speech on a cake and the laws about hate speech and discrimination.
originally posted by: ThirdEyeofHorus
originally posted by: coldkidc
a reply to: Grimpachi
So who gets the nod when matters of conflicting creeds butt heads?
The store owner or the customer?
Have the courts ruled on that at some point?
I find it hard that in the land of the corporations are people mindset the store owner is left with lesser rights than their customer...