Americans agree that democracy requires freedom of speech. But a large minority also thinks it’s acceptable to bar certain subjects or speakers from public debate.
It's always "I shouldn't have to pay for everyone else's healthcare 🤬🤬🤬"
But never "everyone pays less than they already are into healthcare and the actual service becomes free for everyone but wealthy people don't make billions of dollars off your need to live"
I mean not quite, they pay for a portion of it through insurance, but since society is underinsured, the rest of the healthcare just doesn't get done and people die.
The First Amendment prohibits Congress from making laws that limit the freedom of speech, or of the press. That's all it does (with respect to speech). It does not guarantee that anyone who speaks will be listened to, nor does it guarantee that the press will treat every speaker equally. Nor does it mean that those speakers are exempt from the consequences of their statements.
Even with the strong first amendment wording, we do have some exceptions where generally there is another constitutional right that it is weighted against, such as copyright. And there is a long discussion there specifically about whether false statements are protected.
The "Freeze Peach" crowd wants not only the right to spout lies as truth, but they want the right to have the public believe their lies and disbelieve the truth, just because they say so. Our government can't stop them from saying those things, but the rest of us (including the press) have every right to point out how bonkers they are.
The First Amendment prohibits Congress from making laws that limit the freedom of speech, or of the press.
Unless it conflicts with someone else's rights, which is why laws against speech that incites violence is constitutional. Yes, you pointed it out later, but that undermines it being stated as directly as this sentence.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The exceptions have been hammered out in the courts over the years, where this amendment conflicts with other Constitutionally-protected rights. But the fact that this is here, in the very first Amendment, in such an absolute fashion means it must be given a lot of deference when balanced against other things.
Like any right, one person's right to free speech will sometimes conflict with someone else's rights. There are many situations where the right to free speech must yield to other rights. Libel, slander, terroristic threats, racketeering are clear examples.
To be clear, slander and libel are both torts, rather than criminal. Depending on how you look at it, you still have the 'right' to commit defamation (both slander and libel are defamation)--in that the gov't can't hold you criminally responsible for it--but you can be required to make the victim whole, typically through monetary compensation.
Can you help me understand the concept of tort law? Class actions are tort law, right? So a tort is a kind of rule about a law that recognizes that a law shouldn't be interpreted to allow that, even if it wasn't specifically illegal to begin with? Or am I more confused than I thought?
Americans have more limited speech than most of the developed world. The US is just good at marketing. In political terms, that's propaganda. Almost everything you say that could get you in trouble, really could get you in trouble legally. There are laws for everything in the US.
Interesting - as the article notes the first amendment was specifically implemented to protect unpopular view points - which is tricky because it does mean that white supremacists have the same right to voice their ideas as critical race theorists - but how do we balance that hate speech should have the same footing as voicing concerns around oppression?
even more so when those that are oppressed will have a harder time of being heard in the first place? should the law (as the 1st amendment specifically says that a view not held by society is still protected) tolerate hate and bigotry? it appears the nazi bar is guarded by the first amendment :/
how do we balance that hate speech should have the same footing as voicing concerns around oppression?
Nowhere in the 1st amendment does it require that all speech have the same footing. It just means that it cannot be illegal at the federal level to say what you want. It carries no stipulations that platforms need to tolerate it being present, or that anyone has to listen to it, or that you can't kick someone out of your home or business for it.
It just means that it cannot be illegal at the federal level to say what you want.
Which is how we end up with a multi-billion dollar propaganda network spewing conservative lies and coordinating with a political party and calling itself "news."
Yup! This is mostly self regulating. If you (not you personally)are a real jerk, people don't have to listen to you or amplifiy your message. It is actually kind of a beautiful thing to watch in practice.
I would be curious to know how these views change when we break things down further to differentiate between government action vs private action, actively banning things vs passively choosing not to support things, and categorical exceptions to free speech like slander or incitement.
I suspect that some of the people responding would change their answers depending on exactly who is restricting speech, how they are doing it and what their justification is.
That really fits my experience on social media - If you have wrong opinion, you need to be silenced, especially when it comes to cult like ideologies - socialism, communism ect.
If you come into my house party, then yes, expect some basic ground rules. If you turn out to be an asshole, or I just plain don't like you, you're out. Free speech goes both ways. You can stand out in the street and speak as much as you want.