Posted on 10/21/2022 9:48:17 AM PDT by Subcutaneous Fishstick Blues
Andrew Napolitano hammers judge who declared commentator's opinions 'non-opinions'
"Congress shall make no law abridging ... the freedom of speech." – First Amendment to the Constitution
The iconic language of the First Amendment can be recited by schoolchildren, yet it is ignored by judges in Connecticut when the speech has been uttered by Alex Jones.
Since the modern interpretations of the First Amendment began in the late 1960s, opinions on matters of public interest have been protected speech, so long as some reasons for the opinions were articulated. The reasons can be inaccurate, and the opinions can be wild, bizarre or irrational. But if it is an opinion, it is protected speech – except in Connecticut and except if the speaker is Alex Jones.
Here is the backstory.
The tragedy of Sandy Hook – in which a young madman used his parents' rifle to slaughter 20 schoolchildren and six adults before killing himself – is a lifelong horror for the surviving family members and their friends. This tragedy is also a matter of public interest implicating the right to keep and bear arms, school security, mental health and free speech.
When the First Amendment was ratified, America was a bold experiment in personal liberty. Yet, the First Amendment only restrained Congress. After the Civil War amendments were added to the Constitution, the courts interpreted the 14th Amendment so as to apply the First Amendment to the states as well.
Stated differently, in modern free-speech jurisprudence, the First Amendment prohibits all branches of government – legislative, executive and judicial – and all governments – local, state and federal – from interfering with or punishing the freedom of speech.
If the First Amendment were repealed, would we have free speech?
(Excerpt) Read more at wnd.com ...
I’d forgotten all about Napolitano.
I don’t know how those morons were able to find 12 drooling, blithering idiots to sit on their dumbass “jury.” A billion dollars. Give me a break. Idiots.
Shut up Napolitano. You wanted Trump arrested on Jan. 6th.
Yes, everyone is entitled to an opinion. But making false statements of fact is not an opinion - and is a tort for which you can be sued. Has been for a very long time.
The claims made by students and faculty against the bakery and its owners in Ohio was likewise also not protected “free speech.” It was a tort - false statements of fact.
Reality.
There have always been laws against defamation, the laws didn’t start with Alex Jones and many, many persons and organizations have been sued under those laws.
Defamation is very hard to prove legally in a courtroom. If Jones had showed up for depostions, turned over evidence and had gone to trial, he probably could have beaten the accusations, either initially or on appeal.
No I doubt it as the fix was already in..the goal here is to shut up anyone they deem not parroting the narrative...
Good to hear from you, and not just those parroting enemedia talking points.
Mark.
In that case we need to be going after everyone who claimed that Trump was a Russian agent. I would say $1 billion each should be sufficient.
The basic court holding is that purportedly grieved people have the right to see those merely exercising their First Amendment rights in a way plaintiffs can twist into exacerbating claimed plaintiff's grief and cause the court to punish those and have plaintiffs be awarded hundreds of millions of dollars.
It is not at all an exaggeration to state that this construct is ripe for abuse that could turn this into a completely Communist nation.
Furthermore, there's copious evidence of fraud and coverup in the Sandy Hook situation. Those fraudsters being able to keep their crimes hidden is a very significant part of the force behind Jones' conviction and fine, as I see it.
Actual facts about the BSing going on about both events.
Sandy Hook and the Boston bombing.
I’ll state again what I saw on Fox that day.
After the shooting, Fox interviewed a guy who lived just around the corner from the school. He stated on camera that he saw several children being let off a school bus in front of his house, he invited them in his house and according to him comforted them until at some point they left and were reunited with their parents.
None of this happened. Apparently, the man made it all up. I have never seen any investigation, but I remember him being discredited and dismissed. Who was this guy?
I’m not defending Jones, but there was some weird stuff going on at Sandy Hook. We (the public) never saw the inside of the school, they bulldozed it, if I remember.
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