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No, pasting over anti-Islam ads with images of ‘Ms. Marvel’ isn’t free speech
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/01/30/no-pasting-over-anti-islam-ads-with-images-of-ms-marvel-isnt-free-speech/ ^ | Eugene Volokh

Posted on 01/31/2015 12:03:02 PM PST by Rummyfan

A group that is sharply critical of Islam recently bought space for anti-Islam ads on San Francisco buses. San Francisco had a First Amendment obligation to allow such ads; as a court recently held, once a city opens up a bus advertising program, it may not reject such ads based on their anti-Islam viewpoint.

But earlier this week, some people pasted over parts of the ads with a picture of Ms. Marvel, a Muslim American superhero recently introduced by Marvel Entertainment, and with stickers bearing various messages, including “Free Speech Isn’t a License to Spread Hate.” Is this action itself constitutionally protected free speech, as some have suggested?

No — just as it wouldn’t be protected free speech to take a pro-religious-tolerance advertisement (or a mosque advertisement) and paste anti-Islam messages over it. People have no right to just attach their own messages to city vehicles. Indeed, attaching messages that write over lawfully purchased advertising messages likely qualifies as “[d]amag[ing]” another’s property, or as “[d]efac[ing]” it by “mark[ing]” over it. (Attaching stickers is considered “mark[ing]” property, and marking is considered defacing even if it’s easy to remove. The statute I cite requires that the defacing or damaging be done “maliciously,” but that would likely be understood here as simply requiring that the defacing or damaging was done intentionally, rather than by accident.)

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Culture/Society
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It's vandalism, plain and simple.
1 posted on 01/31/2015 12:03:02 PM PST by Rummyfan
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To: Rummyfan
And what's with this Ms Marvel bullsh*t?
2 posted on 01/31/2015 12:04:17 PM PST by Rummyfan
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To: Rummyfan

Does Ms. Marvel wear a burkha?


3 posted on 01/31/2015 12:07:53 PM PST by Fred Hayek (The Democratic Party is now the operational arm of the CPUSA)
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To: Rummyfan

Ms marvel has been around a long time. Marvel recently changed a few characters to different races / sexes. They’ll change them back eventually. It’s just a marketing ploy.


4 posted on 01/31/2015 12:07:54 PM PST by Personal Responsibility (Changing the name of a thing doesn't change the thing. A liberal or a rose by any other name...)
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To: Rummyfan
If it's legal to paste over anti-Islam ads, then it's legal to paste this sticker over the paste-overs:


5 posted on 01/31/2015 12:09:22 PM PST by Maceman
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To: Rummyfan

But it’s okay to paint black slashes over anything Jewish or Christian and also to paint hateful slogans over them but don’t you ever dare mock Islam.


6 posted on 01/31/2015 12:09:56 PM PST by SkyDancer (I Was Told Nobody Is Perfect But Yet, Here I Am ...)
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To: Rummyfan

The futile crescent strikes again.


7 posted on 01/31/2015 12:11:17 PM PST by Rocky (The further a society drifts from the truth, the more it will hate those who speak it. George Orwel)
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To: Rummyfan

“Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins.”
—Benjamin Franklin


8 posted on 01/31/2015 12:11:21 PM PST by Slings and Arrows ("Ragnarok" - https://www.youtube.com/watch?v=4L5nD7-qsEw)
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To: Rummyfan
“Free Speech Isn’t a License to Spread Hate.”

Unless it's hate for Christians - that's not just a right but a sacrament for the Left.

9 posted on 01/31/2015 12:11:58 PM PST by ConservingFreedom (A goverrnment strong enough to impose your standards is strong enough to ban them.)
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To: Personal Responsibility

If they have ads for Bazooka bubble gum, is the gum halal?


10 posted on 01/31/2015 12:12:40 PM PST by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Rummyfan

Free Speech — to contemporary liberals — has always meant shouting down opposing viewpoints.


11 posted on 01/31/2015 12:13:06 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Rummyfan

They made the character Arabic. She wears a full body suit akin to the modest swimsuits they wear with a mask around her eyes.

It’s a total PC maneuver meant to soak up money from liberals.


12 posted on 01/31/2015 12:13:53 PM PST by Bogey78O (We had a good run. Coulda been great still.)
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To: Rummyfan
“Free Speech Isn’t a License to Spread Hate.”

Yes it is. I will go further to write that hate is a basic human emotion and in someways can be positive. It all depends on how and what you do with your hate. The one thing you don't want to do is leave hate bottled up inside you, that's when things get bad.

13 posted on 01/31/2015 12:14:09 PM PST by ConservativeInPA (#JuSuisCharlesMartel)
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To: Rummyfan

14 posted on 01/31/2015 12:16:26 PM PST by javie
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To: Maceman

I’m up for it. Let’s go!


15 posted on 01/31/2015 12:17:03 PM PST by Ray76 (al Qaeda is in the Oval Office (and John Boehner is their craven servant))
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To: Rummyfan
Paste this one on top of the vandals' paste-over job.


16 posted on 01/31/2015 12:17:11 PM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Rummyfan
DON CHERRY, Canadian Hockey Commentator for CBC Television, was asked on a local live radio talk show what he thought about the allegations of torture of suspected terrorists. His reply prompted his ejection from the studio but to thunderous applause from the audience.

HIS STATEMENT:

"If hooking up one rag head terrorist prisoner's testicles to a car battery to get the truth out of the lying little camel shagger will save just one Canadian or American life, then I have only three things to say: 'Red is positive, black is negative & make sure his nuts are wet."

 photo DonCherry.jpg

17 posted on 01/31/2015 12:17:48 PM PST by gorush (History repeats itself because human nature is static)
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To: Rummyfan

It’ vandalism and censorship but not anti free-speech in the 1st Amendment context. Only government can violate the 1st Amendment.


18 posted on 01/31/2015 12:19:33 PM PST by Lorianne (fed pork, bailouts, gone taxmoney)
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To: Rummyfan

I guess that you could have representations of Ms. Marvel that were not flattering to Islam.


19 posted on 01/31/2015 12:20:20 PM PST by Mike Darancette (Not deniable = Not falsifiable = Not science.)
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To: gorush

I think my first post on FR was a Don Cherry post about his views about 9/11.

The guy is class and always supports the troops.


20 posted on 01/31/2015 12:20:56 PM PST by MAKOTHEDOG
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