Posted by revkharma on May 8, 2015
OK, this is one of the things that has ground my gears for years.
The famous hoary old quote trotted out whenever the libs disagree with something a libertarian or conservative says in public that ”offends them”
Immediately they say,(harumph, harumph) “Well free speech is all well and good, and we all know that there is a First Amendment.
BUT….. We all know that YOU CAN’T YELL FIRE IN A CROWDED THEATER”
Then the speaker smiles smugly like the Church Lady, and sits back. The argument is over, and I win! So SHUT UP they explained.
OK, so the quote is not in any law, but was part of an introduction by Justice Holmes in a 1919 court ruling.( US. V Schenck) In that ruling they said a pamphlet against the draft that contained the phrases ‘Assert Your Rights” and ‘Do not submit to intimidation”
Pretty mild stuff, eh?
What is even more interesting is that the entire decision was OVERTURNED IN 1969!!!
(Brandenburg v. Ohio)
The ruling reversed a previous Supreme Court decision setting a new precedent for the “clear and present danger” standard in First Amendment cases. The Court now held that a person’s words were protected as free speech as long as they did not directly incite unlawful action
Court held that all speech,including inflammatory speech, such as in this case by the KKK, is protected under the First Amendment, unless the speech is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. The link must be there, the speech MUST directly result in the violent action.
So, next time someone says
Well, we ALL know you can’t shout Fire in a theater and gives that stupid look, the best reply is:
“Oh? What about Brandenburg v. Ohio?
Posted in Civil liberties, Constitution, Freedom, Government Power, liberty, Politics | Tagged: Bill of Rights, Constitution, fire in a theater, First Amendment, Freedom, Government Power, Hate speech, Islam, Pamela Gellar, Politics, Supreme Court | Leave a Comment »
Posted by deaconkharmafuture1 on May 6, 2015
So, I receive an email begging for support for Trey Gowdy. I am wondering if he is in some strange recall election or some other election cycle I didn’t know about. After reading this long breathless email about how Hillary is going to defy the Benghazi committee I am told that my signature on a petition could make all the difference. Further down, that little Washingtonian Gem appears like Sally Struthers asking “wont you please help?” With their cup out for some spare change, they ask for 25$ or more. Whatever I can spare, they say. Since my response was bounced from the sender address, I’m assuming it’s some sort of “Bot mailer” (firstname.lastname@example.org), I’d like to pen a sort of open letter response. Here goes:
First, thank you so much for considering me when sending your informative emails. However, please allow me to retort. What exactly will my donation accomplish? Does Trey Gowdy somehow gain prosecutorial power? Can he subpoena Hillary with this money? Perhaps he can gain access to her server with this money? Perhaps my signature will make all this possible?
As with the IRS issue, I feel you folks are simply giving us bread and circus. No change is actually intended or desired, with the exception of possibly things changing hands. After a lifetime of evidence, I now believe that Republicans don’t want to see a change of anything in Washington but who has the power. Recent examples alone should make anyone with an ounce of reason realize this. Gowdy voting for Boehner for speaker is exhibit ”A.” What change did we see from this? The same guy that rolled over for the current administration was left in place. Continued Republican caving and rolling over after sternly worded but empty threats and promises is Exhibit “B.” Worse, Republicans have proposed legislation neutering their treaty approval authority that was firmly ensconced in the Constitution of the US. Let us call that exhibit “C.”
While as entertaining and satisfying as it is to watch Trey Gowdy holler, fuss, and berate, committee chairmen, members, and those called to testify, it is still only a show. No legal teeth, no real punishment, and certainly no change will come of these proceedings. At the end of the day this show accomplishes as much or less than watching an episode of Jerry Springer. Ultimately the show was interesting, shocking, and terrifyingly humorous that folks get away with what they do, but at the end there is no real resolution. No problems have been solved, they have just been put on display for folks to shake their head at. The outcome, as always proves inconsequential to my life, my well being, and worse does nothing to resolve the ills plaguing our once great nation.
So back to my signature and donation: thanks, but no thanks. Jerry Springer passing around a collection plate at the end of his show is what your email equates to. Please lose my email and don’t ever breathlessly email me asking for a signature or money. We all know neither will do a damn thing to fix what you guys are all party to.
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