It's Alito - Bush picks SCOTUS nominee

[Whoha]

how can you ban any specific speech, but not the rest?

[Kuciwalker]

By banning that specific speech, and not the rest.

[Whoha]

I'll allow that with omniscience its possible, but how do you prevent any occurence of that speech that you've just now banned?

[Odin]

Originally posted by Whoha
how can you ban any specific speech, but not the rest?

Basically, in the US, you can say anything that won't spark unnecissary panic from crying "wolf", does not incite riot or violent revolt, and is not libelous or slanderous.

[Kuciwalker]

Originally posted by Whoha
I'll allow that with omniscience its possible, but how do you prevent any occurence of that speech that you've just now banned?

There are people with guns that lock you up if you say it.

[Imran Siddiqui]

The question is whether it IS protected speech under the 1st Amendment in the first place! Hence the different readings of the freedom of speech in the 1st Amendment of the US constitution.

"Fire" in a theater has been decided to not be protected speech under the 1st Amendment (it is meant for causing immediate harm [clear and present danger test], not for debate).


Unless you are saying you SHOULD be able to say "Fire" in a theater because if you ban that you have to ban everything.

[MrFun]

Originally posted by Odin


Basically, in the US, you can say anything that won't spark unnecissary panic from crying "wolf", does not incite riot or violent revolt, and is not libelous or slanderous.

Thank god Ku Klux Klan rallies are still legit.

[Imran Siddiqui]

Originally posted by MrFun
Thank god Ku Klux Klan rallies are still legit.

As they should be .

[MrFun]

Originally posted by Imran Siddiqui




As they should be .

I know, I have to agree with you on this -- it's the way it should be.

On the other hand, doesn't Germany still prohibit Nazi rallies without endangering freedom of speech altogether?

[Kuciwalker]

No. They prohibit Nazi rallies and in doing so do endanger free speech.

[MrFun]

How so? Have there been real incidents where other forms of free speech have come under fire in Germany, as a result? Or has Germany done an excellent job in drawing the line in only prohibiting Nazi rallies and leaving everything else untouched?

I guess I need to locate a reliable source of information to get my questions answered.

[Whoha]

I'm saying that you can not prevent any particular type of speech alone. If you want to stop it before its said, you have to ban more.

as to protected speech, local standards are the most prevalent, as the nazi's discovered in Toledo recently.

[Kuciwalker]

How so? Have there been real incidents where other forms of free speech have come under fire in Germany, as a result? Or has Germany done an excellent job in drawing the line in only prohibiting Nazi rallies and leaving everything else untouched?

No, it's the very act of banning the Nazi rallies that endangers (or rather, eliminates) free speech altogether.

[Kuciwalker]

Originally posted by Whoha
I'm saying that you can not prevent any particular type of speech alone. If you want to stop it before its said, you have to ban more.

If you want to stop ANYTHING before it is done, you need such things. Or... you could use the deterrent of what will happen after you say the stuff we don't want you to say

[Imran Siddiqui]

I'm saying that you can not prevent any particular type of speech alone.

So you would allow the yelling of Fire in a crowded theater because, well, we can't just prevent that alone so lets just allow it all? What kind of ****ed up logic is that?