Australian Politics Forum - Free Speech in America, A Protected Right

Vangard Senior Member Offline Australian Politics + Posts: 464 Gender:	Free Speech in America, A Protected Right Jun 6^th, 2018 at 11:37am How much do you know: Do Americans have a Freedom of Speech that is fundamentally different than what Australians have? If so, how? How is The Freedom of Speech defined in America? Is Racial and Bigoted Speech, as long as it doesn't specifically prompt violence, permitted in America?
Back to top	IP Logged

AiA Gold Member Offline Posts: 18405 Gender:	Re: Free Speech in America, A Protected Right Reply #1 - Jun 6^th, 2018 at 11:39am The 1st Amendment doesn't apply to the American workplace and the demise of unions has only made it worse.
Back to top	“Jerry, just remember: It’s not a lie … if you believe it.” George Costanza IP Logged

Imrah

Gold Member

Offline

Australian Politics

Posts: 663
Gender: male

Re: Free Speech in America, A Protected Right
Reply #2 - Jun 6^th, 2018 at 11:40am

Vangard wrote on Jun 6^th, 2018 at 11:37am:

How much do you know?

Do Americans have a Freedom of Speech that is fundamentally different than what Australians have? How?

How is The Freedom of Speech defined in America?

Is Racial and Bigoted Speech, as long as it doesn't specifically prompt violence, permitted in America?

1. Everything I can think.
2. Yes.
2a. It's part of the constitution.
3. One of the amendments.
4. It depends on whom one depends on.

Back to top

Sometimes, there just aren't enough rocks.

IP Logged

Imrah Gold Member Offline Australian Politics Posts: 663 Gender:	Re: Free Speech in America, A Protected Right Reply #3 - Jun 6^th, 2018 at 11:41am Sorry. I clicked on quote instead of modify.
Back to top	Sometimes, there just aren't enough rocks. IP Logged

Vangard

Senior Member

Offline

Australian Politics +

Posts: 464
Gender: male

Re: Free Speech in America, A Protected Right
Reply #4 - Jun 6^th, 2018 at 11:49am

No, there’s no “hate speech” exception
to the First Amendment

Quote:

I keep hearing about a supposed “hate speech” exception to the First Amendment, or statements such as, “This isn’t free speech, it’s hate speech,” or “When does free speech stop and hate speech begin?” But there is no hate speech exception to the First Amendment. Hateful ideas (whatever exactly that might mean) are just as protected under the First Amendment as other ideas. One is as free to condemn Islam — or Muslims, or Jews, or blacks, or whites, or illegal aliens, or native-born citizens — as one is to condemn capitalism or Socialism or Democrats or Republicans.

To be sure, there are some kinds of speech that are unprotected by the First Amendment. But those narrow exceptions have nothing to do with “hate speech” in any conventionally used sense of the term.

Continue to read the Source
: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no...

Back to top

« Last Edit: Jun 6^th, 2018 at 12:20pm by Vangard »

IP Logged

Raven

Gold Member

Offline

Australian Politics

Posts: 2981
Around

Re: Free Speech in America, A Protected Right
Reply #5 - Jun 6^th, 2018 at 2:36pm

Vangard wrote on Jun 6^th, 2018 at 11:37am:

How much do you know:

Do Americans have a Freedom of Speech that is fundamentally different than what Australians have? If so, how?

How is The Freedom of Speech defined in America?

Is Racial and Bigoted Speech, as long as it doesn't specifically prompt violence, permitted in America?

America has the first amendment which guarantees free speech, Australia does not. The Australian Constitution does not explicitly protect freedom of expression. However, the High Court has held that an implied freedom of political communication exists as an indispensible part of the system of representative and responsible government created by the Constitution. It operates as a freedom from government restraint, rather than a right conferred directly on individuals.

The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as protected by the First Amendment to the United States Constitution.

In 1942, the U.S. Supreme Court established the doctrine by a 9–0 decision in Chaplinsky v. New Hampshire.[3] It held that "insulting or 'fighting words', those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" are among the "well-defined and narrowly limited classes of speech the prevention and punishment of [which] … have never been thought to raise any constitutional problem."

Chaplinsky, a Jehovah's Witness, had purportedly told a New Hampshire town marshal who was attempting to prevent him from preaching that he was "a damned racketeer" and "a damned fascist" and was arrested. The court upheld the arrest and wrote in its decision that

Quote:

There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words--those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.

— Chaplinsky v. New Hampshire, 1942

Back to top

Quoth the Raven "Nevermore"

Raven would rather ask questions that may never be answered, then accept answers which must never be questioned.

IP Logged

longweekend58 Gold Member Offline Australian Politics Posts: 45675 Gender:	Re: Free Speech in America, A Protected Right Reply #6 - Jun 6^th, 2018 at 3:14pm Freedom of Speech does not mean you are exempt from the consequences of that speech. it does not exempt you from being responsible for what you say.
Back to top	AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..." IP Logged

Vangard

Senior Member

Offline

Australian Politics +

Posts: 464
Gender: male

Re: Free Speech in America, A Protected Right
Reply #7 - Jun 6^th, 2018 at 7:36pm

longweekend58 wrote on Jun 6^th, 2018 at 3:14pm:

Freedom of Speech does not mean you are exempt from the consequences of that speech. it does not exempt you from being responsible for what you say.

Absolutely true. If your free speech causes others to commit a crime you may be held liable. If your false statements injures another's good reputation or name you may also be held liable.

Back to top

IP Logged

Dnarever Gold Member Offline Australian Politics Posts: 57150 Here Gender:	Re: Free Speech in America, A Protected Right Reply #8 - Jun 6^th, 2018 at 7:44pm The First amendment defines the freedoms. The second allows short sleeved shirts and singlets. Freedom of Religion. Freedom of Speech. Freedom of the Press. Freedom to Assemble Peaceably. Freedom to Petition the Government for a Redress of Grievances.
Back to top	IP Logged

Vangard

Senior Member

Offline

Australian Politics +

Posts: 464
Gender: male

Re: Free Speech in America, A Protected Right
Reply #9 - Jun 6^th, 2018 at 7:53pm

Dnarever wrote on Jun 6^th, 2018 at 7:44pm:

The First amendment defines the freedoms. The second allows short sleeved shirts and singlets.

Freedom of Religion.
Freedom of Speech.
Freedom of the Press.
Freedom to Assemble Peaceably.
Freedom to Petition the Government for a Redress of Grievances.

Yes, all freedoms or rights the American people have, and the First amendment further protects by telling the government it may not interfere with these existing rights.

Back to top

IP Logged

BigOl64

Gold Member

Offline

Posts: 14438
Townsville QLD
Gender: male

Re: Free Speech in America, A Protected Right
Reply #10 - Jun 8^th, 2018 at 2:56am

longweekend58 wrote on Jun 6^th, 2018 at 3:14pm:

Freedom of Speech does not mean you are exempt from the consequences of that speech. it does not exempt you from being responsible for what you say.

Well done, thanks for pointing out the bleeding obvious.

What you know about personal freedoms and rights could written on a postage stamp, being a liberal fascist.

Back to top

IP Logged

longweekend58

Gold Member

Offline

Australian Politics

Posts: 45675
Gender: male

Re: Free Speech in America, A Protected Right
Reply #11 - Jun 8^th, 2018 at 6:38pm

BigOl64 wrote on Jun 8^th, 2018 at 2:56am:

longweekend58 wrote on Jun 6^th, 2018 at 3:14pm:

Freedom of Speech does not mean you are exempt from the consequences of that speech. it does not exempt you from being responsible for what you say.

Well done, thanks for pointing out the bleeding obvious.

What you know about personal freedoms and rights could written on a postage stamp, being a liberal fascist.

its not at all obvious to far too many people. In fact, given that you are a rabid redneck, I am not at all surprised you know this but at the same time I'm pretty sure you know none of the other rights, nor care much.

You really are a bogan so naturally you joined the military. No one else would have you and the intelligence requirements are not that high and having to simply obey orders rather than think, plays to your lack of intelligence and character.

Back to top

AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."

IP Logged

BigOl64

Gold Member

Offline

Posts: 14438
Townsville QLD
Gender: male

Re: Free Speech in America, A Protected Right
Reply #12 - Jun 8^th, 2018 at 7:37pm

longweekend58 wrote on Jun 8^th, 2018 at 6:38pm:

BigOl64 wrote on Jun 8^th, 2018 at 2:56am:

longweekend58 wrote on Jun 6^th, 2018 at 3:14pm:

Freedom of Speech does not mean you are exempt from the consequences of that speech. it does not exempt you from being responsible for what you say.

Well done, thanks for pointing out the bleeding obvious.

What you know about personal freedoms and rights could written on a postage stamp, being a liberal fascist.

its not at all obvious to far too many people. In fact, given that you are a rabid redneck, I am not at all surprised you know this but at the same time I'm pretty sure you know none of the other rights, nor care much.

You really are a bogan so naturally you joined the military. No one else would have you and the intelligence requirements are not that high and having to simply obey orders rather than think, plays to your lack of intelligence and character.

Yes you are a liberal voter and they are such vanguards of human rights aren't they? Just in case you were too ignorant to know Uber Fuehrer Howard has always been against basic human rights for Australians and has quashed any discussion about it when ever it cam up. He a bit of a cvvnt when it comes to states right too.

Better a bogan than a fkking fascist.

You should never question anyone about their intellect, when you yourself believe in a fairy-tale designed for children and feeble minded adults.

Good one champ. Grin

Back to top

IP Logged

Panther

Gold Member

Offline

My Heart beats True for
the Red White & Blue...

Posts: 11100
Gender: male

Re: Free Speech in America, A Protected Right
Reply #13 - Jun 8^th, 2018 at 9:33pm

Vangard wrote on Jun 6^th, 2018 at 7:53pm:

Dnarever wrote on Jun 6^th, 2018 at 7:44pm:

The First amendment defines the freedoms. The second allows short sleeved shirts and singlets.

Freedom of Religion.
Freedom of Speech.
Freedom of the Press.
Freedom to Assemble Peaceably.
Freedom to Petition the Government for a Redress of Grievances.

Yes, all freedoms or rights the American people have, and the First amendment further protects by telling the government it may not interfere with these existing rights.

And the Second Amendment is there to ensure that the government take their Constitutional limitations seriously, for if they don't, & they usurp the People's Rights protected in the US Constitution, the American People are entitled to take them to task using whatever means necessary, & at a last resort, overthrowing that government, & replace it with one that does respect the Unalienable Rights of the American People as affirmed in (not granted) in the US Constitution.

Back to top

"When the People fear government there is Tyranny;
When government fears the People there is Freedom & Liberty!"

'
Live FREE or DIE!
'

IP Logged

longweekend58

Gold Member

Offline

Australian Politics

Posts: 45675
Gender: male

Re: Free Speech in America, A Protected Right
Reply #14 - Jun 8^th, 2018 at 10:58pm

BigOl64 wrote on Jun 8^th, 2018 at 7:37pm:

longweekend58 wrote on Jun 8^th, 2018 at 6:38pm:

BigOl64 wrote on Jun 8^th, 2018 at 2:56am:

longweekend58 wrote on Jun 6^th, 2018 at 3:14pm:

Freedom of Speech does not mean you are exempt from the consequences of that speech. it does not exempt you from being responsible for what you say.

Well done, thanks for pointing out the bleeding obvious.

What you know about personal freedoms and rights could written on a postage stamp, being a liberal fascist.

its not at all obvious to far too many people. In fact, given that you are a rabid redneck, I am not at all surprised you know this but at the same time I'm pretty sure you know none of the other rights, nor care much.

You really are a bogan so naturally you joined the military. No one else would have you and the intelligence requirements are not that high and having to simply obey orders rather than think, plays to your lack of intelligence and character.

Yes you are a liberal voter and they are such vanguards of human rights aren't they? Just in case you were too ignorant to know Uber Fuehrer Howard has always been against basic human rights for Australians and has quashed any discussion about it when ever it cam up. He a bit of a cvvnt when it comes to states right too.

Better a bogan than a fkking fascist.

You should never question anyone about their intellect, when you yourself believe in a fairy-tale designed for children and feeble minded adults.

Good one champ. Grin

you dont like Howard because of guns you single-celled organism. ONE issue which being a redneck bogan means guns and... guns and... how about guns?

Do you actually have any principles that dont involve guns and killing people?

I despise you not for your politics but because you are just worthless trash who without a gun, has nothing to stand for.

Back to top

AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."

IP Logged