It Is Your Right

[HARDCORE]

2-27-2021

Once again, it is not only your right, but indeed, it is your sacred duty as an American to sound off when you have something to say! And this is a concept that is guaranteed, not only by “Our First Amendment” but also by the edicts of “God Himself!”

It is also what “Our Nation” is all about, as no other freedom can exist, if a freedom-loving man or woman ever loses his ability or his right to say exactly what is on their mind!! “And That Is A Fact – Jack!!”

Granted, there are many, many people out there who adamantly feel that every man has a right to espouse exactly what is on his mind, but only if it coincides with their beliefs and point of view? But it seems to me, “As A Native New Englander”, that this was one of the reasons for our mass exodus from “The Old World”, many years ago, and that is a major portion of “The Big Problem” – is it not? As those who seem content to drag their old problems right along with them, always seem to be doomed to repeat them as well – “And Repeat Them We Have!!”

Hardcore

[Boats]

6 Surprising Exceptions to Freedom of Speech
BY: Saturday Evening Post - By: Jeff Nilsson
Re: https://www.saturdayeveningpost.com/...dom-of-speech/

Note: Your right to free speech is limited by where you are, what you say, and how you say it.

Here are six areas where your talk can make you liable in criminal or civil court.

1. Obscenity

Most of the legal cases that concern sex and free speech have involved publications (a form of speech as far as the courts are concerned). Obscenity is not protected by the Constitution, but it has been difficult to define what is obscene. In 1973, the Supreme Court, in Miller v. California, came up with a three-part definition of obscene material. A work is legally considered obscene if

* an average person, applying contemporary community standards, would find that the material appeals to prurient (appealing to sexual desire) interest.

* the work depicts or describes, in an offensive way, sexual conduct or excretory functions, specifically defined by applicable state law.

* taken as a whole, the material lacks serious literary, artistic, political, or scientific value.

This limit on obscene speech also applies to broadcasting. The FCC controls what is allowed on air, so you can’t broadcast sounds or images that could be offensive to your audience or use language inappropriate for children.

However, the Supreme Court has, so far, kept the internet free of obscenity restrictions. You can make whatever statements you want on social media sites, but the owners of those sites have the freedom to censor or delete your content if they find it offensive.

2. Lies

Lying is covered by the First Amendment, except when it’s not. You can be prosecuted for lying under oath in court (it’s called perjury). You can also be charged with misleading authorized investigators. Remember Martha Stewart’s conviction in 2004? She went to prison for lying to investigators about her stock trading.

It is also illegal to run dishonest advertisements. And if you deliberately tell lies about people, you can be hit with a lawsuit in civil court for either libel (if published) or slander (if spoken).

Politicians, on the other hand, have broad protections against being prosecuted for lying, and citizens largely have free rein to criticize their governments, even if the comments are false. Luckily for late night talk show hosts, the First Amendment allows citizens to satirically mock a public figure.

3. Violence

You can’t make offensive remarks or personal insults that would immediately lead to a fight. You also can’t threaten violence to a specific person unless you’re making an obvious exaggeration (for instance, “I’m going to kill my opponent at the polls”). Finally, you can’t knowingly say things that cause severe emotional distress or incite others to “immediate lawless action.”

In 1951, the Supreme Court concluded in Dennis v. United States that the First Amendment doesn’t protect the speech of people plotting to overthrow the government.

4. Students’ Speech

Students have limited rights of free speech while in school. In 1986, Bethel School District v. Fraser upheld the right of a school to suspend a student for making an obscene speech. Hazelwood School District v. Kuhlmeier, 1988, supported a school’s right to censor student newspapers. However, many states are now passing laws to grant broader First Amendment protections to student speech.

5. Offending Your Friends and Coworkers

You don’t have the right to say whatever you want in someone else’s home or other private setting. And, as an employee, believe it or not, you have no free-speech rights at your workplace. The Constitution’s right to free speech applies only when the government — not a private entity — is trying to restrict it. For example, an employer can legally fire an employee whose car bears a campaign bumper sticker he doesn’t like.

It’s a different matter for government employees. In Elrod v. Burns, the Supreme Court ruled in 1976 that the Constitution prohibits government employers from discharging or demoting employees for supporting a particular political candidate.

The law also prohibits speech that shows clear intent to discriminate or sexually harass.

It also prevents employees in medical or financial fields from discussing confidential information outside of work.

6. Expressing Your Political Views

The law has never permitted Americans to protest in any way they wanted. While the government can’t control what you say, how you say it must be subject to what the courts consider an appropriate time, place, and manner.

Legal authorities have a responsibility to protect the safety of attendees at political gatherings and to protect protestors themselves. If authorities think you pose a sufficient risk, you can be restricted to a Free Speech Zone. These have been used since the 1980s, principally to contain protestors at political conventions.

House Bill 347 authorized Secret Service agents to arrest anyone protesting in the president’s or vice president’s proximity. They also have this authority at National Special Security Events. These events have included state occasions, of course, but also basketball championships, the Academy Awards, Olympic events, and the Super Bowl. A conviction can result in up to 10 years in a federal prison (another place where your freedom of speech is limited).

--------------------------------------------------------------------------------------------------

Personal note: I was surprised by the rules that apply to the Freedom of Speech.
It's pretty specific and to the point. Relating to the prior Presidents issues see the link
below: (Regarding Trumps Impeachment issues - go to the link below for details.

Is There a Free Speech Defense to an Impeachment?
By: Keith E. Whittington 01-19-21
Re: https://www.lawfareblog.com/there-fr...se-impeachment

It's too long a post to put on site but interested it has loop holes of which a good lawyer can quote to.
-
Boats