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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)
[ Post Reply | Private Reply | To 109 | View Replies ]


To: Bigh4u2

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

And I might also stress, not just suing you, but prohibiting free speech in general.

States have an interest in protecting it’s citizens and therefore pass laws, generally based on a ‘public’ referendum, to do just that.

All law, whether state or federal, must be ‘reasonable’ and ‘prudent’ and must not infringe on others rights.

Libel and slander laws are reasonable and prudent because it protects citizens from vicious attacks and harm to reputations and personal comfort.

You are looking for a way to defend the undefendable by ignoring the fact that States have the right to defend it’s citizens, barring Constitutional mandates, from verbal or physical attack.

Your argument has been show to be wrong, and yet you continue on your blind search to find a defendable position that would allow the Phelps the right to say anything they want to anyone.

Until you understand that citizens have those rights to peaceable coexistence, then arguing with you is pointless.

And I don’t have that many hours in the day to waste.

So please, either educate yourself, or find someone else to argue with.

I have other things to do. I’m not going to waste anymore time with you on this.


119 posted on 11/24/2007 11:36:05 AM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
[ Post Reply | Private Reply | To 112 | View Replies ]

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