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Myths and Facts About Free Speech: What are the limits on free speech in America? What aren’t you allowed to say? And who is allowed to restrict speech?
The Hoover Institution ^ | 11/04/2025 | Research Team: Tennenbaum Program for Fact-Based Policy

Posted on 11/04/2025 8:51:19 AM PST by SeekAndFind

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1 posted on 11/04/2025 8:51:20 AM PST by SeekAndFind
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To: SeekAndFind

Bkmk


2 posted on 11/04/2025 9:00:26 AM PST by sauropod
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To: SeekAndFind

Exception: you cannot criticize Islam or muslims any such comments will be censored or never published; you could also will receive dearth threats.

No one on cable shows mentions Mamdani’s radical Iranian Islamic sect.


3 posted on 11/04/2025 9:05:31 AM PST by PIF (They came for me and mine ... now its your turn)
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To: PIF

Who do you expect to air or publish criticisms of Islam or Muslims? News organizations are not Government, and their choice of what to censor isn’t generally a matter of law.


4 posted on 11/04/2025 9:10:37 AM PST by Jamestown1630 ("A Republic, if you can keep it.")
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To: SeekAndFind
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; . . ."

. . . and so cannot even define "church."

In zoning and land-use ordinance meetings in our county, we have brought this up and we have brought up the Indiana State Constitution, and have asked the question . . . .

When "church" or "churches," or "houses of worship," or such is restricted, or exempted, in zoning and land-use ordinances, is a county allowed to define "church," or "house of worship," or "worship" itself ?????

5 posted on 11/04/2025 9:12:23 AM PST by John Leland 1789
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To: SeekAndFind

Myth: Private businesses are bound by the U.S. Bill of Rights.

Fact: They are not.


6 posted on 11/04/2025 9:23:30 AM PST by SpaceBar
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To: SeekAndFind

IMO hate crimes are unconstitutional.


7 posted on 11/04/2025 9:28:59 AM PST by Resolute Conservative
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To: Resolute Conservative

They should be; but we’ve had them since 1968.


8 posted on 11/04/2025 9:37:52 AM PST by Jamestown1630 ("A Republic, if you can keep it.")
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To: sauropod

I recall hearing a lecture by Justice John Paul Stevens, who served on the Supreme Court from 1975 to 2010. He said the litigants in free speech and obscenity cases were always the most unsympathetic and sometimes even detestable. Think of Lincoln Rockwell, for those who remember. Yet, the Court had to hold its nose tightly in order to protect the 1st Amendment.


9 posted on 11/04/2025 9:56:19 AM PST by PUGACHEV
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To: Jamestown1630

Didnt they call it, extreme prejudice?


10 posted on 11/04/2025 9:56:41 AM PST by Karliner (Heb 4:12 Rom 8:28 Rev 3, "...This is the end of the beginning." Churchill)
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To: Karliner

https://www.justice.gov/crt/hate-crime-laws


11 posted on 11/04/2025 10:02:23 AM PST by Jamestown1630 ("A Republic, if you can keep it.")
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To: SpaceBar

///Myth: Private businesses are bound by the U.S. Bill of Rights.

Fact: They are not.///

But that doesn’t mean they, or their owners, can’t be legally obliged to respect people’s rights.


12 posted on 11/04/2025 10:07:43 AM PST by KrisKrinkle (c)
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To: SeekAndFind

Yes, you can tell fire in a crowded theater IF there is a fire.


13 posted on 11/04/2025 10:18:03 AM PST by Fledermaus ("It turns out all we really needed was a new President!")
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To: Resolute Conservative
IMO hate crimes are unconstitutional.

Problem is, who would decide what a hate crime is? There are people who think anything good you say about President Trump is a hate crime.

14 posted on 11/04/2025 10:18:22 AM PST by Dan Zachary
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To: All

Here are ten things you are not allowed to say:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Make sure you never say these things.


15 posted on 11/04/2025 10:21:33 AM PST by Peter ODonnell (Do not go gentle into that good night; rage, rage against the dying of the light -- Dylan Thomas)
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To: SeekAndFind

Myth: the government can restrict your right to speak in certain cases.

No, it can’t - this is called prior restraint. It CAN punish you AFTER THE FACT if you (for example) yell fire in a crowded theater when, in fact, there was no fire and your statement caused a panic which, in turn, caused injuries and/or damage to the theater. Likewise, you can be punished for revealing national security secrets (including up to the death penalty), but cannot be prevented from doing so in the first place by law or regulation, because that would be prior restraint.


16 posted on 11/04/2025 10:26:57 AM PST by Ancesthntr ("The right to buy weapons is the right to be free." The Weapons Shops of Isher)
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To: Fledermaus

“Yes, you can tell fire in a crowded theater IF there is a fire.”
——————
Wrong, that is still prior restraint.

You can yell it even if there is no fire, even if you know it will be the cause of a panic that you reasonably expect will cause injuries and even death. However, you can be appropriately punished for doing so.


17 posted on 11/04/2025 10:29:53 AM PST by Ancesthntr ("The right to buy weapons is the right to be free." The Weapons Shops of Isher)
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To: Dan Zachary
'...who would decide what a hate crime is?'

That's my problem with the whole idea of 'hate' crimes.
18 posted on 11/04/2025 10:54:02 AM PST by Jamestown1630 ("A Republic, if you can keep it.")
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To: SeekAndFind
Speech that is not Constitutionally free
19 posted on 11/04/2025 11:07:53 AM PST by mjp (pro-freedom & pro-wealth $)
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To: Dan Zachary

The fact that you commit a crime has nothing to do with what your opinion is or what you say. Outside of self-defense for murder/assault charge it is irrelevant if you said believe/something “hurtful” while doing it. Unlike BS tv shows like Law and Order (which always wants a reason) motive is not an element of the crime.

You assault someone. Doesn’t matter what you called them.
You steal something. Doesn’t matter what you believe about people.


20 posted on 11/04/2025 11:12:29 AM PST by Resolute Conservative
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