Free Speech Laws, Precedents & Scripture - Revision history

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‎History

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‎History

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‎Fixing the Problem

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‎Supreme Court Precedent

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[[File:TrustJesusTransparentSmall.gif|right]]      This article was started by [[User:DaveLeach|Dave Leach R-IA Bible Lover-musician-grandpa]] ([[User talk:DaveLeach|talk]]) 20:53, 19 January 2021 (UTC)      Please interact! To interact with any particular point made here, simply click "edit", then right after that point, type four dashes (to create a horizontal line), hit "enter" to start on the next line typing your response, then close with four tildes which will leave your real name, time etc.; then on the last line, four more dashes.      To vote, Like, rate, argue, change your past comment, add a section with a heading that appears in the Table of Contents, start a new article, use colors, write in Greek, etc. find suggestions and codes at [[Begin!]]

[[File:SinTiny.gif|center]]

=The First Amendment=

=Federal Law=

Rebellion and insurrection are not protected "free speech".

18 U.S. Code § 2383 - Rebellion or insurrection

Whoever '''incites, sets on foot, assists, or engages in any rebellion or insurrection against''' the authority of the United States or the laws thereof, '''or gives aid or comfort''' thereto, shall be fined under this title or imprisoned not more than ten years, or both; '''and shall be incapable of holding any office under the United States.'''

18 U.S. Code § 2101 - Riots

(Summary: "intent" to "incite a riot" or “aid and abet any person in inciting or participating in or carrying out a riot” are federal crimes. Federal jurisdiction kicks in when such activity crosses state lines; either when the accused physically crosses state lines, or his communication by mail, phone, etc. does.)

=Supreme Court Precedent=

[https://www.law.cornell.edu/supremecourt/text/395/444 Brandenburg v. Ohio], 395 US 444 (1969) "Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

[https://supreme.justia.com/cases/federal/us/414/105/#tab-opinion-1950471 Hess v. Indiana], 414 US 105 (1973). A university professor who said “We’ll take the f—ing street again” was acquitted because his speech “amounted to nothing more than advocacy of illegal action at some indefinite future time....since there was no evidence, or rational inference from the import of the language, that his words were intended to produce, and likely to produce, imminent disorder, those words could not be punished by the State on the ground that they had a ‘tendency to lead to violence.’””

[https://supreme.justia.com/cases/federal/us/458/886/#tab-opinion-1954707 National Association for the Advancement of Colored People v. Claiborne Hardware Company], 458 US 886 (1982). "Strong and effective extemporaneous rhetoric cannot be nicely channeled in purely dulcet phrases. An advocate must be free to stimulate his audience with spontaneous and emotional appeals for unity and action in a common cause. When such appeals do not incite lawless action, they must be regarded as protected speech."

@@ Line 94: / Line 94: @@
 The article ends with a blast against today's "one-sided talk radio and social media echo chambers. These worked, as did Father Coughlin, to undermine tolerance and democracy."
-Difference #1: Coughlin was "deplatformed" after overwhelming evidence documented his lies. Trump was deplatformed after overwhelming evidence supporting his claims was censored - not addressed or acknowledged, not refuted, just dismissed as "no evidence". Coughlin's message was overpowered by reams of eyewitness accounts and expert testimony. Trump's message is not countered by opposing evidence, but by repetition of the claim that Trump has no evidence.
+'''DIFFERENCES'''
-sacked because of evidence. Trump is sacked
+. The "section 230" exemption from liability, which social media claim, is from lawsuits over content posted by others for which they are not responsible since they are unable to edit content; but they can and do edit a lot of content. Radio, then, could be sued.
-Difference #2:
+. The fact that broadcasters edited then, and edited wisely in that instance, which was good, does not make the editing of Facebook, Twitter, Youtube, Google, and Amazon good, when their editing is corrupt. The complaint against them is not that they have power to edit, or that they have a liberal position. It is that they back up their liberal position, not with evidence, but by removing conservative evidence and then claiming the conservatives have no evidence.
-The Smithsonian magazine is unconscious of any possibility that Facebook and Twitter's censorship of conservatives who disagree could render those platforms "one sided".
+. Then, a very popular saying was "I may disagree with what you say, but I will defend to the death your right to say it." Today, the right to disagree is not a right recognized by the majority of Americans. A growing number of positions are so unacceptable that it becomes irrelevant whether they are true. Today, a growing number of Congressmen are seriously considering penalties for unacceptable speech such as citing evidence of election fraud, or evidence countering official positions on masks, vaccines, etc.
-But there are several differences. For one,
+. The censorship then was honest. Reasons were given. Censorship today is dishonest. Shadowbanning is designed to fraudulently keep censorship victims from even knowing they are censored. When censorship is known, the victims are told there is a violation of some policy, which is not identified, or if it is identified, its applicability defies imagination and is not explained. When the public outcry is sufficient, the censorship is called a "mistake".
 =Application to Trump Impeachment=
 For perspectives, and quotes from President Trump's speech, see [https://selfreliancecentral.com/2021/01/19/4-key-points-about-trump-and-incitement-law/ SelfRelianceCentral].

@@ Line 82: / Line 82: @@
 =History=
-[https://www.smithsonianmag.com/history/time-private-us-media-companies-stepped-silence-falsehoods-and-incitements-major-public-figure-1938-180976771/?utm_source=smithsoniandaily&utm_medium=email&utm_campaign=20210119-daily-responsive&spMailingID=44290256&spUserID=MTA0NDk3NjcyMzQ0OAS2&spJobID=1921564075&spReportId=MTkyMTU2NDA3NQS2 The Smithsonian Institute Magazine] reminds us of when Father Coughlin was booted off radio just before World War II for his rants against Jews and sympathy for Nazis. He was incredibly popular:
+[https://www.smithsonianmag.com/history/time-private-us-media-companies-stepped-silence-falsehoods-and-incitements-major-public-figure-1938-180976771/?utm_source=smithsoniandaily&utm_medium=email&utm_campaign=20210119-daily-responsive&spMailingID=44290256&spUserID=MTA0NDk3NjcyMzQ0OAS2&spJobID=1921564075&spReportId=MTkyMTU2NDA3NQS2 The Smithsonian Institute Magazine] reminds us of when Father Coughlin was booted off radio just before World War II for his rants against Jews and sympathy for Nazis. He was incredibly popular: 30 million Americans tuned in to his rants.
 =Application to Trump Impeachment=
 For perspectives, and quotes from President Trump's speech, see [https://selfreliancecentral.com/2021/01/19/4-key-points-about-trump-and-incitement-law/ SelfRelianceCentral].

@@ Line 62: / Line 62: @@
 In a January 19, 2021 email, Barr quotes Congressional leaders' latest threats to free speech:
-Ben Shapiro noticed this in a recent Politico op/ed:
+"Sen. RON WYDEN (D-Ore.) suggested this week at NBCNews.com that the only way to prevent a repeat of the Capitol riot was endorsement of a full slate of Democratic agenda items. Rep. ALEXANDRIA OCASIO-CORTEZ (D-N.Y.) suggested that "Southern states are not red states, they are suppressed states, which means the only way that our country is going to heal is through the actual liberation of Southern states …" And PAUL KRUGMAN of The New York Times placed blame for the Capitol riots on the entire Republican Party infrastructure: "This Putsch Was Decades In The Making."
-Sen. RON WYDEN (D-Ore.) suggested this week at NBCNews.com that the only way to prevent a repeat of the Capitol riot was endorsement of a full slate of Democratic agenda items. Rep. ALEXANDRIA OCASIO-CORTEZ (D-N.Y.) suggested that "Southern states are not red states, they are suppressed states, which means the only way that our country is going to heal is through the actual liberation of Southern states …" And PAUL KRUGMAN of The New York Times placed blame for the Capitol riots on the entire Republican Party infrastructure: "This Putsch Was Decades In The Making."
+"Chuck Schumer called for protesters to be placed on the "No Fly List", without any due process or even having been convicted of a crime:
-Chuck Schumer called for protesters to be placed on the "No Fly List", without any due process or even having been convicted of a crime:
+"We are today-- we are here today because the folks-- the people, the insurrectionists-- who breached the US Capitol, fall under the definition of threats to the homeland and should be immediately added to the TSA No Fly List. Any of those who were inside the Capitol should not be able to fly and should be placed on the No Fly List. We are calling on the authorities-- FBI, TSA, Department of Homeland Security-- to put them on the No Fly List, immediately.
-We are today-- we are here today because the folks-- the people, the insurrectionists-- who breached the US Capitol, fall under the definition of threats to the homeland and should be immediately added to the TSA No Fly List. Any of those who were inside the Capitol should not be able to fly and should be placed on the No Fly List. We are calling on the authorities-- FBI, TSA, Department of Homeland Security-- to put them on the No Fly List, immediately.
+"Dick Durbin is trying to make Trump rallies illegal by classifying them as "domestic terrorism":
-Dick Durbin is trying to make Trump rallies illegal by classifying them as "domestic terrorism":
+"Apparently, they will stop at nothing. According to investigative journalist Paul Sperry the Dems are out to do something far more sinister.
-Apparently, they will stop at nothing. According to investigative journalist Paul Sperry the Dems are out to do something far more sinister.
+"Perry tweeted: "DEVELOPING: Democrats in both the House and Senate are planning to draft legislation to classify MAGA rallies as "domestic terrorist activity" and require the FBI, DOJ & DHS to take steps to prevent such "domestic terrorism." Sen. Durbin is leading this effort along with Rep Schneider."
-Perry tweeted: "DEVELOPING: Democrats in both the House and Senate are planning to draft legislation to classify MAGA rallies as "domestic terrorist activity" and require the FBI, DOJ & DHS to take steps to prevent such "domestic terrorism." Sen. Durbin is leading this effort along with Rep Schneider."
+"And the Left's allies in the corporate world have fallen in line too:
-And the Left's allies in the corporate world have fallen in line too:
+"Big Business has also played a horrific role in demonizing Trump supporters. The social media platform, Parler, has essentially been put to death over the weekend by Google, Apple and Amazon. The platform has become highly popular among conservatives looking to have free speech. Upon the announcement of President Trump that he was moving his social media efforts to Parler, Big Business went in for the kill.
-Big Business has also played a horrific role in demonizing Trump supporters. The social media platform, Parler, has essentially been put to death over the weekend by Google, Apple and Amazon. The platform has become highly popular among conservatives looking to have free speech. Upon the announcement of President Trump that he was moving his social media efforts to Parler, Big Business went in for the kill.
+"Google and Apple suspended their distribution of the Parler app even though it was the number one download app in the Apple App Store. The final and deadly blow was done by Amazon which cancelled their hosting of the platform."
 =History=

@@ Line 61: / Line 61: @@
 In a January 19, 2021 email, Barr quotes Congressional leaders' latest threats to free speech:
 =Application to Trump Impeachment=
 For perspectives, and quotes from President Trump's speech, see [https://selfreliancecentral.com/2021/01/19/4-key-points-about-trump-and-incitement-law/ SelfRelianceCentral].

@@ Line 46: / Line 46: @@
 [https://www.fcc.gov/consumers/guides/fcc-and-freedom-speech FCC] Website statement: "The FCC is barred by law from trying to prevent the broadcast of any point of view. The Communications Act prohibits the FCC from censoring broadcast material, in most cases, and from making any regulation that would interfere with freedom of speech. Expressions of views that do not involve a "clear and present danger of serious, substantive evil" come under the protection of the Constitution, which guarantees freedom of speech and freedom of the press and prevents suppression of these expressions by the FCC. According to an FCC opinion on this subject, "the public interest is best served by permitting free expression of views." This principle ensures that the most diverse and opposing opinions will be expressed, even though some may be highly offensive." (But indecency may be limited to certain viewing times, and obscenity must not e allowed.)
 Application: a [https://www.nationalreview.com/the-morning-jolt/the-problem-with-liberal-fantasies-about-restricting-free-speech/?utm_source=Sailthru&utm_medium=email&utm_campaign=MJ_210119&utm_term=Jolt-Smart National Review] article points out that cable networks are not subject to the FCC. It responds to CNN commentator Max Boot who wants Biden to reinstate the Fairness Doctrine, and reminds us of who brought it to an end and why.
 =Application to Trump Impeachment=
 For perspectives, and quotes from President Trump's speech, see [https://selfreliancecentral.com/2021/01/19/4-key-points-about-trump-and-incitement-law/ SelfRelianceCentral].

← Older revision		Revision as of 21:22, 19 January 2021
Line 35:		Line 35:

	[https://supreme.justia.com/cases/federal/us/458/886/#tab-opinion-1954707 National Association for the Advancement of Colored People v. Claiborne Hardware Company], 458 US 886 (1982). "Strong and effective extemporaneous rhetoric cannot be nicely channeled in purely dulcet phrases. An advocate must be free to stimulate his audience with spontaneous and emotional appeals for unity and action in a common cause. When such appeals do not incite lawless action, they must be regarded as protected speech."		[https://supreme.justia.com/cases/federal/us/458/886/#tab-opinion-1954707 National Association for the Advancement of Colored People v. Claiborne Hardware Company], 458 US 886 (1982). "Strong and effective extemporaneous rhetoric cannot be nicely channeled in purely dulcet phrases. An advocate must be free to stimulate his audience with spontaneous and emotional appeals for unity and action in a common cause. When such appeals do not incite lawless action, they must be regarded as protected speech."
		+
		+	[ Terminiello v. City of Chicago], 337 U.S. 1 (1949) "The vitality of civil and political institutions in our society depends on free discussion. As Chief Justice Hughes wrote in De Jonge v. Oregon, 299 U.S. 353, 365, 260, it is only through free debate and free exchange of ideas that government remains responsive to the will of the people and peaceful change is effected. '''The right to speak freely and to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes.'''
		+
		+	"Accordingly a function of free speech under our system of government is '''to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea.''' That is why freedom of speech, though not absolute, Chaplinsky v. New Hampshire, supra, 315 U.S. at pages 571-572, 62 S.Ct. at page 769, is nevertheless protected against censorship or punishment, unless shown likely to produce '''a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest.''' See Bridges v. California, 314 U.S. 252, 262, 193, 159 A.L.R. 1346; Craig v. Harney, 331 U.S. 367, 373, 1253. There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.[4]
		+
		+	". . . . There is no room under our Constitution for a more restrictive view. For '''the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.'''"
		+
		+	=FCC Rulings=
		+
		+	[https://www.fcc.gov/consumers/guides/fcc-and-freedom-speech FCC] Website statement: "The FCC is barred by law from trying to prevent the broadcast of any point of view. The Communications Act prohibits the FCC from censoring broadcast material, in most cases, and from making any regulation that would interfere with freedom of speech. Expressions of views that do not involve a "clear and present danger of serious, substantive evil" come under the protection of the Constitution, which guarantees freedom of speech and freedom of the press and prevents suppression of these expressions by the FCC. According to an FCC opinion on this subject, "the public interest is best served by permitting free expression of views." This principle ensures that the most diverse and opposing opinions will be expressed, even though some may be highly offensive." (But indecency may be limited to certain viewing times, and obscenity must not e allowed.)
		+
		+	Application: a [https://www.nationalreview.com/the-morning-jolt/the-problem-with-liberal-fantasies-about-restricting-free-speech/?utm_source=Sailthru&utm_medium=email&utm_campaign=MJ_210119&utm_term=Jolt-Smart National Review] article points out that cable networks are not subject to the FCC. It responds to CNN commentator Max Boot who wants Biden to reinstate the Fairness Doctrine, and reminds us of who brought it to an end and why.
		+
		+	=Application to Trump Impeachment=
		+
		+	For perspectives, and quotes from President Trump's speech, see [https://selfreliancecentral.com/2021/01/19/4-key-points-about-trump-and-incitement-law/ SelfRelianceCentral].

← Older revision	Revision as of 20:54, 19 January 2021
(No difference)