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To: OneWingedShark

The closest thing I see to the “shouting fire in a theater” rule would be desecrating an American flag in the presents of veterans. But I guess because veterans expressed their outrage through civil and legal means, they weren’t taken seriously.

Now if veterans had gone into ‘rage-boy’ mode and stomped some flag desecraters to death, maybe the Supreme Court would have considered desecration of the flag a 1st Amendment violation.


114 posted on 09/18/2012 10:13:29 AM PDT by ScubieNuc (When there is no justice in the laws, justice is left to the outlaws.)
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To: ScubieNuc
he closest thing I see to the “shouting fire in a theater” rule would be desecrating an American flag in the presents of veterans. But I guess because veterans expressed their outrage through civil and legal means, they weren’t taken seriously.

Now if veterans had gone into ‘rage-boy’ mode and stomped some flag desecraters to death, maybe the Supreme Court would have considered desecration of the flag a 1st Amendment violation.

You don't get what I'm saying do you? I'm saying that the "shouting fire" rule is itself a bogus piece of crap that exists only to justify restrictions contrary the constitution. I want no exceptions in the hands of the government. None.

The severe personal insult of, say, vet families being harassed by people dishonoring the flag and the soldier which results in violence ought to be relegated to the jury. The whole point of the jury is to judge both the person and the law; the jury has always had (and indeed must have) the power to judge one innocent contrary to "the letter of the law". No exception to Constitutionally guaranteed rights is needed and, in fact, the solution I presents is the exercise of one such right: the 6th amendment.

115 posted on 09/18/2012 10:27:08 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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