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Originally posted by mothershipzeta
Sweet. So now, according to WhatTheory conspiracy is no longer a crime (it's just speech, after all). And threatening someone's life is not actionable. No, you can't do anything about a threat until something actually happens.
Oh, and, according to WhatTheory wearing a suicide vest on a plane, on a mall or wherever is perfectly legitimate. You can't do anything about it until he detonates it...[pending his answer on political expression - that may be protected as well].
Thank you for your erudite Constitutional knowledge. You are truly a gentleman and a scholar.
Originally posted by Aggie Man
What else are we to do?
Originally posted by mothershipzeta
The First Amendment says your right to speech cannot be infringed. Period.
If yelling "fire" is protected speech (as you claim), then it cannot be infringed. So the yeller can't be punished for his speech, even if it causes a disturbance of the peace.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.