Posted on 01/05/2018 8:33:35 AM PST by reaganaut1
When students (and others) disrupt events where speakers are trying to make arguments they dislike, they always say that their conduct is justified.
Most commonly, the disrupters maintain that they are merely preventing “hate speech,” which allegedly doesn’t enjoy the protection of the First Amendment. Therefore, they are perfectly free to keep speakers they oppose from being heard. In fact, they say they’re acting righteously, by protecting against speech that supposedly leads to violence or oppression.
Student zealots, such as those who prevented University of Oregon president Michael Schill from giving a speech, believe that. So, evidently, do some college leaders, as we read in this article.
Their argument, however, suffers from two fatal flaws.
The first flaw is that the First Amendment contains no exception for “hate speech.” It reads, “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 to peaceably assemble, and to petition the government for a redress of grievances.”
Nothing in that language suggests that government officials are entitled to make an exception for speech they regard as hateful.
(Excerpt) Read more at forbes.com ...
1st off: 1A applies to CONGRESS, not states, or people, or colleges, or businesses. They can curtail “speech” if they want. So much of this is moot.
There is NOTHING subjective about our Constitution. The courts need to be DRAINED of America-hating leftists who think otherwise.
This is also why “hate crimes” are a crock of sh!t.
The First Amendment applies to all levels of government in the United States because the First Amendment has been legally incorporated.
See this explanation: https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights
So it is NOT ‘moot’.
These conservative students need to step up with bigger bullhorns and lawsuits if they want to be heard. Else they will grow up to be timid flinching Republican.
When it comes to citizen vs citizen free speech doesn’t exist as a right you either shout and screen or get marginalized by others.
That may be, but in truth, just as with other judicial overreaches, the Constitution is plain as day.
So, when are all the porn laws going to be struck down?
“So, when are all the porn laws going to be struck down?”
Most of them have been.
So a public school singing Christian hymns, with a Virgin Mary icon on a teacher’s desk or having a pregame prayer is also moot for 1A. It’s not Congress.
Yes.
They could ban it if they wish - and Lord knows they have with no trouble.
With all the deserved criticism of Jeff Sessions and his recusal on all matters related to Hillary, it’s worth noting that Jeff Sessions has done well defending free speech on campus.
It is not an exercise of free speech to yell “FIRE!” in a crowded theater, unless and of course, there actually is a fire.
Even when said fire is emanating from a pantsuit made from a Kirby vacuum bag.
As usual, conservatives were right. When the concept of “hate speech” was initiated by the Leftists, conservatives said it would be used against anyone who disagreed with the Left. Bingo! The Supreme Court should squash this ridiculous notion that freedom of speech should be attacked in this unconstitutional way.
This has nothing to do with the fact that the First Amendment does indeed apply to all levels of government, including public colleges and universities.
The real problem concerning state disrespect for constitutionally enumerated protections imo, particularly 1st Amendment-protected free speech and religious expression in recent examples, is this.
Although the states have expressly constitutionally given Congress the specific power to strengthen constitutionally enumerated rights where state abridgment of those rights is concerned, the corrupt, post-17th Amendment ratification Congress left over from the lawless Obama Administration has stubbornly chosen to remain silent while some states abridge those rights.
"14th Amendment, Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
"14th Amendment, Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
The only remedy for Congress is for patriots to finish the job that they started when they elected Trump president in 2016.
More specifically, it’s entirely up to patriots to clean up Congress by now making sure that there are plenty of Trump-supporting patriot candidates on 2018 primary ballots, and pink-slip career lawmakers by sending patriot candidate lawmakers to DC on election day.
And to make voter efforts in cleaning up Congress, along with Trump’s vision for MAGA, as permanent as possible, patriots also now need to be working with their state lawmakers to support Trump in leading the states to repeal the 16th and 17th Amendments.
But until 17th Amendment is repealed, as evidenced by concerns about the integrity of Alabama's special Senate election, patriot candidates need to win elections by a large enough margin to compensate for possible deep state ballot box fraud and associated MSM scare tactics.
“Even when said fire is emanating from a pantsuit made from a Kirby vacuum bag.”
You just made me snort coffee through my nose. Outstanding!
America needs to be purged of America hating leftists.
Chittenden County (VT) State’s Attorney Sarah George would disagree. This precious little progressive snowflake saw fit to prosecute a case against a University student overheard disparaging his school’s diversity programs on a phone. At least we have one judge left with some knowledge of our Constitution.
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