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Free Speech: I Support Research

Hiro Pendragon
bye bye f0rums!
Join date: 22 Jan 2004
Posts: 5,905
01-23-2006 10:22
I'd like to take a poll and see what people really think "Free Speech Means".
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Hiro Pendragon
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Jeska Linden
Administrator
Join date: 26 Jul 2004
Posts: 2,388
01-23-2006 10:24
Moved to Off-Topic.
Chance Abattoir
Future Rockin' Resmod
Join date: 3 Apr 2004
Posts: 3,898
01-23-2006 10:26
The freedom to say what you want to say without government censorship, while accepting the responsibility that you might get your ass kicked in public for saying it.
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Hiro Pendragon
bye bye f0rums!
Join date: 22 Jan 2004
Posts: 5,905
01-23-2006 10:49
From: Jeska Linden
Moved to Off-Topic.

sorry, my bad.

anyway... the correct answers



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Things that are exceptions to free speech, and are not covered under the US first amendment:

Calling "fire" in a crowded theater (that's not on fire)
Graffitti in a public place
Slander & libel
Breaking a non-disclosure contract (with a company) - though things covered in the "Whistle-blower act" may be protected
Revealing classified information
Threatening to assasinate the President
harassment
Showing swastikas at an approved march - it's been ruled that the swastika is so offensive that local officials can choose to demand groups exclude the symbol, even in an approved demonstration


Things protected by free speech:
Burning a flag
swearing in front of minors - Cohen vs. California:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/403/15.html
From: SCOTUS
Held: Absent a more particularized and compelling reason for its actions, the State may not, consistently with the First and Fourteenth Amendments, make the simple public display of this single four-letter expletive a criminal offense. Pp. 22-26.

Swearing once in front of a minor , though swearing *at* them may be a problem, or swearing repeatedly. Honestly, I threw the "minor" thing in as a red herring.
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Hiro Pendragon
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Madame Maracas
Not who you think I am...
Join date: 7 Jun 2004
Posts: 1,953
Liberty takes work
01-23-2006 11:27
Very interesting poll and your legal "correct" answers are as well.

The main thing for me, at a gut level, is a question of whether my (or anyone's) actions will unduly harm someone or whether my (or anyone's) actions are necessitated by a need to change or challenge something core to those that will find offense. However, yes, one must be prepared to fight for the right to say whatever it is and face the consequences.

The things that revolutionaries, here in what is now the USA and elsewhere have done to get things going often involved challenging the status quo, establishment and governmental or social edicts regarding behavior and expression. Without these firebrands change would likely not occur. These folks often paid with their liberty lost or lives even but we live and breathe in a world transformed by their risks and sacrifices.

So, when the Nazi or other groups I find offensive get permission to march, I support their right to do so, I don't like it or them, I don't subscribe to their beliefs but I believe wholeheartedly that it is better to let them march in the open than skulk in the darkness. I'd rather see my enemy and know (more) of what they're up to than be blindsided later on. One can also hope that others might more clearly see what's not good about them and decide for themselves.

From: someone
"But you must remember, my fellow-citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing. It behooves you, therefore, to be watchful in your States as well as in the Federal Government." -- Andrew Jackson, Farewell Address, March 4, 1837
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