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To: blondiegoodbadugly

No sympathy for his racism. That said, at what point is speech protected or not?


11 posted on 06/17/2019 7:05:12 PM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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To: Reno89519

He’a a conservative. That’s why Harvard doesn’t want him.


14 posted on 06/17/2019 7:12:49 PM PDT by ladyjane
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To: Reno89519

He’s not a racist. He said something stupid.


29 posted on 06/17/2019 8:54:35 PM PDT by Jacob Kell (Robert Mueller is the Kenneth Starr of the 21st Century-only with not as much integrity.)
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To: Reno89519
...at what point is speech protected or not?

The 1st Amendment states:

Congress shall make no law... abridging the freedom of speech, or of the press...

Under the specific terms of the Constitution, the federal government can not limit free speech. Although it can be argued that almost anything qualifies (or fails to qualify) as "free speech," the first clause is subject to no such argument. "Congress shall make no law" - period. If the nature of the speech is debatable (and I would suggest that it always is), then the clear limitation of federal power remains: "Congress shall make no law." The federal government consequently enjoys no authority to limit speech.

But what about "screaming 'FIRE!' in a crowded theater"? Unfortunately, most people have swallowed that argument, which is commonly deployed to justify federal legislation. Under the Constitution, however, any such authority (including statutory authority to address libel, slander, or shouted words in theaters, etc.) clearly resides with the States and the people of those States (where it rested prior to ratification). Again - "Congress shall make no law." If the States determine at some point that federal authority is necessary or helpful, then the Constitution contains provisions for its own amendment...

40 posted on 06/18/2019 9:22:06 AM PDT by Who is John Galt? ("He therefore who may resist, must be allowed to strike.")
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