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Originally posted by WhatTheory
Originally posted by Phlynx
The first amendment doesn't give you the right to yell fire in a movie theater or bomb in an airplane when there isn't one.
Yes it does. Show me in the first Amendment where it says you cannot yell fire in a theater.
The point is the ruling regarding yelling fire in a theater is a court interpretation. The 1st Amendment does not actually say that.
Once you start limiting speech even if the reason seems justified, you are on a slippery slope. Give a inch and they will take a foot.
You can find many other reasons or laws to arrest the idiot for yelling fire in a theater, but don't invoke the first amendment as a reason for arrest.
2e.) Illicit Activity: Discussion of illicit activities; specifically the use of mind-altering drugs & substances, engaging in computer hacking, promoting criminal hate, dicussing sexual relations with minors, and furtherance of financial schemes and scams are strictly forbidden. You will also not link to sites or online content that contains discussion or advocacy of such material.
Originally posted by mothershipzeta
But that's our system. The courts interpret the Constitution.
Originally posted by TheWalkingFox
Actually, you're right.
The first amendment protects your right to speech. it doesn't give you immunity from the consequences of what you say.
Originally posted by WhatTheory
Originally posted by mothershipzeta
But that's our system. The courts interpret the Constitution.
No, judges are supposed to follow and uphold the Constitution and NOT interpret it to fit their own beliefs. The Constitution is crystal clear and you don't have to be a lawyer to understand it. It was written this way intentionally.
Originally posted by WhatTheory
Originally posted by TheWalkingFox
Actually, you're right.
I know, 99.999% of the time I am right.
The first amendment protects your right to speech. it doesn't give you immunity from the consequences of what you say.
I agree and did not say otherwise which is why I stated that the guy who yells fire in a crowded theater should be dealt with. However, don't invoke the 1st Amendment as the reason. You could get him for disturbing the peace or numerous other local laws.
Originally posted by mothershipzeta
Does the First Amendment mean ANY AND ALL speech, including threats of harm?
Does the Second Amendment mean ANY AND ALL arms, including bombs?
Originally posted by WhatTheory
Originally posted by TheWalkingFox
Actually, you're right.
I know, 99.999% of the time I am right.
The first amendment protects your right to speech. it doesn't give you immunity from the consequences of what you say.
I agree and did not say otherwise.
Originally posted by WhatTheory
Originally posted by Phlynx
The first amendment doesn't give you the right to yell fire in a movie theater or bomb in an airplane when there isn't one.
Yes it does. Show me in the first Amendment where it says you cannot yell fire in a theater.
Originally posted by WhatTheory
Originally posted by mothershipzeta
Does the First Amendment mean ANY AND ALL speech, including threats of harm?
Yes, the federal government cannot pass a law preventing you from saying a specific word or phrase.
Does the Second Amendment mean ANY AND ALL arms, including bombs?
IMO, yes. If you want to ban bombs then amend the law, don't trample on it.
Imminent lawless action is a term used in the United States Supreme Court case Brandenburg v. Ohio (1969) to define the limits of constitutionally protected speech. The rule overturned the decision of the earlier Schenck v. United States (1919), which had established "clear and present danger" as the constitutional limit for speech. Under the imminent lawless action test, speech is not protected by the First Amendment if it is likely to cause violation of the law more quickly than an officer of the law reasonably can be summoned.[citation needed]
The doctrine states that speech that will cause, or has as its purpose, "imminent lawless action" (such as a riot) does not have constitutional protection. As of 2009Important Topic Updates
, "imminent lawless action" continues to be the test applied in free speech cases.
The Court upheld the statute on the ground that, without more, "advocating" violent means to effect political and economic change involves such danger to the security of the State that the State may outlaw it. Cf. Fiske v. Kansas, 274 U.S. 380 (1927). But Whitney has been thoroughly discredited by later decisions. See Dennis v. United States, 341 U.S. 494, at 507 (1951). These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
SOURCE: en.wikipedia.org...
[edit on 23-3-2010 by Aggie Man] extra DIV
Originally posted by mothershipzeta
Originally posted by WhatTheory
Originally posted by TheWalkingFox
Actually, you're right.
I know, 99.999% of the time I am right.
The first amendment protects your right to speech. it doesn't give you immunity from the consequences of what you say.
I agree and did not say otherwise which is why I stated that the guy who yells fire in a crowded theater should be dealt with. However, don't invoke the 1st Amendment as the reason. You could get him for disturbing the peace or numerous other local laws.
There's the flaw in your logic - you apparently believe the First Amendment is absolute...yet the guy yelling "FIRE!" is using that right, and his right is being infringed by arresting him for disturbing the peace.
Do "local laws" supplant the Constitution?
Originally posted by WhatTheory
So we are back to the courts and judges interpreting and changing things to meet their beliefs when the Constitiution is crystal clear.