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To: Bigh4u2

Bigh4u2 wrote: “He/she doesn’t seem to understand that the Bill of Rights was written to protect you from Government intrusion and has nothing to do with civilians suing each other.”

Thank you. Aren’t the states also required to follow the Bill of Rights?

From Wikipedia: “Although the First Amendment explicitly prohibits only the named rights from being abridged by laws made by Congress, the courts have interpreted it as applying more broadly. As the first sentence in the body of the Constitution reserves all law-making (”legislative”) authority to Congress, the courts have held that the First Amendment’s terms also extend to the executive and judicial branches. Additionally, in the 20th century the Supreme Court has held that the Due Process clause of the 1868 Fourteenth Amendment “incorporates” the limitations of the First Amendment to restrict also the states.”

It may be an overly broad interpretation of the 1st and 14th Amendments, but if a state says someone can sue me for saying something offensive, then couldn’t that reasonably be ruled to be a restriction on free speech? Wouldn’t that be similar to a state saying someone can sue me for carrying a gun if the plaintiff is frightened/emotionally distressed? Aren’t civil suites (what you can and cannot sue for) defined by law? If so, doesn’t the constitution override civil law, too?


109 posted on 11/24/2007 11:00:59 AM PST by CitizenUSA
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To: CitizenUSA
"it may be an overly broad interpretation of the 1st and 14th Amendments, but if a state says someone can sue me for saying something offensive, then couldn’t that reasonably be ruled to be a restriction on free speech?"

NO!

"Wouldn’t that be similar to a state saying someone can sue me for carrying a gun if the plaintiff is frightened/emotionally distressed?"

NO!

"Aren’t civil suites (what you can and cannot sue for) defined by law? If so, doesn’t the constitution override civil law, too?"

Again...NO!

If that were the case no State could write laws against carrying firearms, capital punishment, etc..

READ THE CONSTITUION..

Here..I'll help you...

"Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. "

This is not STATES issue,but a CIVIL issue.

States pass law to layout 'guidelines' as to what you may or may not sue for.

State laws allowing you to sue do NOT infringe on 'free speech'.

And the article you quoted applies to the STATES suing you.

NOT citizens.

You are confusing a 'States' interest with a 'civil' action. They are not the same.
112 posted on 11/24/2007 11:13:24 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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