Lots of speech is not covered by the Free Speech clause in the First Amendment. Defamation is an example of speech which is not allowed. Likewise for yelling “Fire” in a crowded theatre and speech that institutes a riot. Provocation is not protected by free speech. Obcenity is not protected. Fraud and deception can be crimes so they are off limits to First amendment protection.
If someone speaks when there is no audience there’s no need for First Amendment protection because no one is listening.
The laws protect people. Laws protect things too so far as patents and commerce but the First Amendment does not apply to things.
The First Amendment applies to speech including many expressions of ideas from people. But ‘things’ don’t speak so there no need to protect what things say. :—)
Lawyers will tell you, wrongly, that the Supreme Court has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment. A much-cited 1995 Supreme Court ruling in McIntyre v. Ohio Elections Commission reads:
Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.
The problem was the court believed McIntyre’s pamphlets were written anonymously because they were not signed. They overlooked the fact that McIntyre was distributing them. The court also began with the premise that anonymous speech where the speaker is unknown to be identical as identified speech where the speaker is known. That’s the same as saying good is the same as evil.
Anonymous speech may be correct or incorrect but knowing the author is part of how we evalaute information.
The McIntyre case was about a law that required pamphlets to have the name and address of the person issuing the pamphlet. The law under review was Ohio Code § 3599.09(A), which forbade “the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature”. Campaigns come under more intense scrutiny because of the massive amount of corruption that occurs in a political campaign.
If a political campaign does not want to reveal who is behind the campaign, fine – but voters should reject the message. If the message violates a law, for example, defamation, there is no First Amendment protection. There’s a weird exception to that but it’s rather esoteric.
BTW, PA requires the name and address of the person or official responsible for the message. No Anonymous Campaign Literature in PA. It’s PA law even though it violates McIntire v Ohio and from personal experience PA judges will rule against Supreme Court decisions on the basis of that’s not PA law. Go figure. Corruption on the bench.
A big exception to free speech is the “Fighting words doctrine” even disorderly words, as well as profanity will have a difficult time in court for anyone foolish enough to believe profane speech is protected.
And minors are protected more than the free speech rights of people trying to corrupt them or to subject them to indecency. Often a gag order is placed on court materials which has the effect of preventing speech.
Free speech is a good rule to have and frequently the answer to free speech problems is not restrictions but more speech. The First Amendment however does has places where it does not apply. Don’t be tempted to test those limits. Remember that the internet is an advantage because people can speak freely without fear of government intervention but as the hacker who hacked into Sarah Palins e-mail found out, he should not have invaded her privacy and the First Amendment was no protection at all for his fraud so the FBI quickly identified and prosecuted him. He was sentenced to a year in a federal prison. He was the son of a State Representative.
The Constitution does not mean we must be suckers nor that we are without means to respond to personal attacks.
The Pope has weighed in on the side of…. no one knows. The Pope is against the Obama position of punish Assad for the gassing of Syrians. Putin has warned that he will protect Assad if Obama creates a military response to the gassing. The Pope has called for a day of prayer and fasting on Saturday, Sept 7 in Saint Peters Square which has been called a religious street protest by a commentator and former Jesuit Priest. Here. That’s a religious political event.
The Pope is political, as all Popes have been. The Muslims use the Roman Catholic Crusades as one of the causes of their attacks on the West so they are political too, as are all world leaders. Unfortunately, the politics can trump morality, meaning the moral code of a particular religion., not the Universal Moral Code.
The Universal Moral Code is the part of the moral code that’s based on reality, reason and the protection of individual freedom. That moral code will become popular when a trans-religious culture arises. For now the world is, unfortunately witnessing another religious war.
American President Barack Obama established “African Americans for Obama” on February 12, 2012 and wrote: “when future generations hear these songs of pain…..”. Rubbish like that belongs in the dumpster in which Michelle said he found his furniture. While we’re at it, don’t get all custard-headed about Michell’s awful, anti-American speech that was full of vitriol. Michelle denounced making money and revealed her unfiltered hatred of Individualism. See her “Envy Tirade” at: http://scottholleran.com/politics/michelle-obamas-tirade-of-envy/ Mr. Holleran concludes she is cruel and explains in clear language why that’s accurate.
Obama cannot run on his record so he and the Democrat leaders need to create political explosions to divert us from his record that moved America further down the toilet towards the Dictatorship of the Elite.
Sept. 9, 2012 The real un-employment rate is not 8.2% because that doesn’t include the 37% of the labor force who are unemployed but have given up looking for a job. The Labor Participation Rate dropped to 63%. When those additional people are included the unemployment rate is 11.4% . See http://www.dickmorris.com/real-unemployment-rate-is-11-4/ for more details.
And shouldn’t the Obama adminstration use the right figures instead of manipulating them to make themselves look better than they are?
Economist James Fitzgibbon of the Highlander Group says that “If we impute the data samplings of non-working citizens at the labor force rate of January 2009 (when this Obama term began) we would have a Household U-3 Unemployment rate currently of 11.4%.” Fitzgibbon notes that the unemployment rate is being held down by 368,000 new people who have dropped out of the labor force. He says “Labor Force Participation rate, which has fallen sharply to 63.5%, a new 31 year low reading.”
Summarizing the data, he writes that the higher unemployment rate “which is much closer to seeming accurate and indicates this economic malaise and decline is worse than the contraction of 1980 – 81.” Grimly, he adds “I remember 1981, it was awful!” So now we see Obama’s real program for coping with unemployment: Discourage people from even looking for work. Encourage them to leave the labor force and rely on government handouts instead. With almost 90 million working age adults not participating in the labor force, we are close to become a nation that does not work (less than two-thirds of us do), gets entitlements (50% of us do – compared to 30% in 1980), and pays no taxes (50% of us don’t pay federal income taxes). A new America — the America that will emerge if we re-elect Obama.
Obama didn’t forget to tell you that many people take their fair share while others are forced to pay for them. He knows what he is doing and he knows he’s not telling people the truth but he is about helping Michelle and him get as much loot as they can. They have become millionaires. Another year passes and they collect another million. Obama could have fixed the economy but he didn’t have to nor did he want to. Obama wants to punish Americans and help defeat the great Satan to settle the score for his father. Even if you claim that’s not true, look at what he’s done to America. His actions lowered America from a triple A credit rating. He refused to wear an American flag in his lapel until public opinion got so loud he had to. He destroyed all Private Health Care by taking it over. That’s not Socialism, – that’s a marker of a Totalitarian Dictatorship by a small majority. Check how many Left Wing Ideologues he has around him. Check out China to find out how bad it is for doctors to treat people when the state has decided who should be treated and who should have treatment witheld because of the cost because they no longer can work. Their share was used by government. China doesn’t reward seniors, it lets them expire, calling them “Useless Eaters”. America became Socialist decades ago. There are elements of free enterprise still around in America, .. some people start businesses, some grow to large corporations but the vast majority want government to solve their problems, not protect their freedoms. Most people don’t seem to put much value on freedom and Obama is willing to dictate to them just what he will do.
Romney has a chance to change some of the socialism. His Presidency will move America towards reclaiming some freedoms and for that alone he deserves election. Obama on the other hand is a lawyer, trained to argue one side and rebut the other. Romney is not a lawyer. To many that gives him a human heart. To those who value freedom and want more of it so they can be themselves, Obama is the wrong choice. But the country is socialist and the government is moving further Left. That’s why the message to pay your fair share makes sense to so many Americans. The problem is you may want everyone to pay their fair share but no one talks about you getting their fair share, only about you or the rich paying more. So the con works. The Lower class has disappeared and the middle class will keep paying for the missing lower class who are now called the poor. They cannot become middle class nor do they want to. They are protected from cradle to grave and it only cost them their Liberty. Unfortunately, they have ruined America because they gave in to their greed instead of doing the right things.
Nancy Pelosi told us “We have to pass it to find out what’s in it.” So we have to pay for it before we even know what it is we are paying for. That’s not even fair but government programs are never fair. Fair requires the virtue of Justice but there’s no moral consideration possible when people are forced to act as the government demands. Government is never fair. Government is about force. Obamacare is not optional, it’s enforced. There’s no choice about Obamacare. Buy it and then you can find out if you need it. Actually Obamacare is not about buying anything. It’s ruse to say there are options. There are none of any consequence. There’s no choice whether to comply or not. That’s partly because of the core beliefs of the Democrats include: people are stupid so we can keep fleecing and cheating them and live lavish lives and get rich off the people like the Obama’s did as long as Democrats can keep up the swindle and can get some Hollywood Intellectual Pixie-Brains like Scarlett Johansson and sneering Kerry Washington to read our scripts and follow our Marxist Redistributionist philosophy. It’s an easy sell it to the good people who cannot figure out what’s going on. Pay for it whether or not you want it. That’s how government works. Government is afraid of a revolution so they pay-off the revolutionaires, the mutiners , the outlyers and lie to the rest of the dumbed-down masses who follow them to collect their cheese.
But some people get it. Some of us figure out the cheat schemes. Some of us are in rebellion. The truth is government doesn’t care if we believe them as long as they can control our money.
Four wrongs don’t make a right. First it was Michelle Obama’s speech that didn’t convince one Republican or Independent to vote for Obama. Then the outdoor stadium could not be filled because lots of Democrats who previously supported Obama refused to be tricked again by his empty soaring rhetoric. Bill Clinton’s speech was a disaster. Why the chief philanderer, the impeached and disgraced moral failure, is so popular is perhaps due to some kind of collective amnesia and the lack of a clear moral code on the part of the faithful. Clinton’s charisma was evident.
The speech was a moral failure for tre lack of truth. Some truth . Too much about Bill Clinton, of course, long, too long, too self-agrandizing, didn’t explain how Obama was going to fix the economy as Obama promised he would in 2008 or he would resign in 2012. Clinton dwelled in the past, fibbed about the Obama Tax Increase and the Obama $5 trillion increase in the Debt, forgot to mention the failure of the Democrats to pass a budget, wrongly attacked Romney and Ryan for not doing what they promised without saying Romney is not the President, articulated typicall behavior for Clinton, telling it like it isn’t, Clintons masterful use of obfuscation to draw wrong conclusions like Obama broke many 2008 promises. Obama’s 2012 campaign is about his incompetence since 2008. Clinton tried to tell people the economy was worse than Obama knew about so Obama needs four more years to fix it. Lets see. Obama told us he could fix the economy in three years or he would quit. Now it turns out he can’t fix it , he didn’t know it was broken and that he failed to fix it, that Obama won’t quit and that’s Bush’s fault too. Clinton forgot about Obama’s broken promise to close Gitmo, failed to bring the troops home from Iraq, failed to slow down Iran’s nuclear program, Obama’s animosity towards Israel in particular, towards Great Britain, and the West in general. Clinton also likes Hillary’s idea that: “it takes a village” and that everyone must cooperate (everyone cooperates, everyone but government breaks promises and doesn’t cooperate because it doesn’t have to). Government is about forcing people to do what they know is wrong. General George Washington said government is a fierce master and a terrible servant. Washington knew about people like Obama who expanded government and hired cronies for make-work and no-show jobs, ala Chicago and Daley politics. Clinton, Obama and the Democratic leadership detests Independent people. Democrats want government to control everything which means everyone. Obama and standing on their own efforts. “Few things are more irritating than when someone who is wrong is also very effective in making his point.” – Mark Twain. That describes both Clinton and Obama.
Clinton told yet another whopper when he said “You see, we believe that:” ‘We’re all in this together’ is a far better philosophy than’You’re on your own’ “, which is the difference between people who collect food stamps and people who collect a paycheck and don’t beg their neighbors for handouts or relief checks or welfare checks or to get their doctor bills paid by taxes on their neighbors or their childrens milk and their daughters birth control pills and their childrens baby sitters and their cell phones and anything else they can’t buy because they refuse to work for money. Obama cannot run on his miserable record which has been a failure compared to: his 2008 promises, his inability to fix the economy, his Obamacare disaster which caused our husband and wife health insurance cost to increase $2,400 in 2012, his inability to stop gas prices from doubling in four years as well as his plan to replace Medicare with Obamacare which is the end of Medicare which is being replaced by the biggest tax increase in American history. The man has been and will continue to be disasterous for America, Americans and Liberty. Under Obama the United States slipped from second when Obama took office to seventh in global competitiveness and yet Obama and Clinton argue Obama should not resign See: http://www.cnbc.com/id/48905756 and http://gcr.weforum.org/gcr09/
The Global Competitiveness Index 2012–2013
|Country||2012-2013||2011-2012 2009 – 2010|
|Switzerland||1||1 – 1|
|Singapore||2||2 from 3rd|
|Finland||3||4 from 6th|
|Sweden||4||3 from 4th|
|Netherlands||5||7 – 10th|
|Germany||6||6 from 7th|
|United States||7||5 from 2nd|
|United Kingdom||8||10 from 13th|
|Hong Kong||9||11 from 11th|
|Japan||10||9 from 8th|
Source: World Economic Forum