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re: "No Amendment is absolute."

Posted on 12/5/22 at 2:32 pm to
Posted by Taxing Authority
Houston
Member since Feb 2010
62508 posts
Posted on 12/5/22 at 2:32 pm to
quote:

It shouldn't be illegal. Rioting is already illegal.
Same reason there’s should be no limitation to “arms”. Simply possessing a… thermonuclear bomb…. doesn’t harm anyone unless it’s used.
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 12/5/22 at 2:35 pm to
quote:

The speech he doesn’t agree with.

What about any post I have made in this thread illicits that reply?

Your freedom of speech is limited. You cannot say whatever you want, whenever you want, without legal consequence.
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 12/5/22 at 2:36 pm to
quote:

Show me the law…

42 USC 2122. Plain as day.
This post was edited on 12/5/22 at 2:38 pm
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68464 posts
Posted on 12/5/22 at 2:36 pm to
quote:

hate crimes are so they can prosecute you further then the others, simply based on ideology.


Hate crimes are dumb as frick
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 12/5/22 at 2:37 pm to
quote:

Hate crimes are dumb as frick

This we agree on. All thought-crime laws should be unconstitutional.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68464 posts
Posted on 12/5/22 at 2:38 pm to
quote:

All thought-crime laws should be unconstitutional.

It's a damn good thing thoughts are crimes or I'd be executed
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
295208 posts
Posted on 12/5/22 at 2:39 pm to
quote:

Hate crimes


= thought crime

quote:

are dumb as frick


Should be unconstitutional.
This post was edited on 12/5/22 at 2:40 pm
Posted by memphisplaya
Member since Jan 2009
87028 posts
Posted on 12/5/22 at 2:40 pm to
Thanks.

I was trying to remember the code number

But I’ll add one of the big arguments from the left is “it’s not legal to own a cannon.” It is, and it’s legal to build a cannon. A civilian can also own a flamethrower.

Posted by Taxing Authority
Houston
Member since Feb 2010
62508 posts
Posted on 12/5/22 at 2:41 pm to
quote:

What about any post I have made in this thread illicits that reply?
Not aimed specifically at you, but that seem to be a common standard of those that want to censor speech.

quote:

You cannot say whatever you want, whenever you want, without legal consequence.
The government violates it’s own constitution all the time. I’m not a sure how you think that’s a winning argument.
This post was edited on 12/5/22 at 2:41 pm
Posted by NineLineBind
LA....no, the other one
Member since May 2020
8407 posts
Posted on 12/5/22 at 2:41 pm to
I think Trump's overarching point was that conservatives have to fight fire with fire. We play be the rules against a faction that does not. What's the point of quoting constitutional rights if the other side believes that the document is too flawed to acknowledge?

This is an example of Trump being serious but not literal. He has spoken this way from the beginning and half the country still can't or won't figure him out.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 12/5/22 at 2:41 pm to
quote:

quote:

Hate crimes are dumb as frick
This we agree on. All thought-crime laws should be unconstitutional.
I see them as being very, very bad policy.

What is the analysis on them being unconstitutional?

First Amendment analysis seems tenuous, to me.
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 12/5/22 at 2:43 pm to
quote:

I’m not a sure how you think that’s a winning argument.

It depends on the conversation. We were discussing the absolute application of the amendments, a discussion in which my position was that none of the amendments are absolute. In that context, I am not sure how my pointing out that freedom of speech is limited constitutes anything other than a winning argument.
Posted by Taxing Authority
Houston
Member since Feb 2010
62508 posts
Posted on 12/5/22 at 2:44 pm to
quote:

I am not sure how my pointing out that freedom of speech is limited constitutes anything other than a winning argument.
That’s because you’ve already accepted your rights being trampled on, apparently.
Posted by POTUS2024
Member since Nov 2022
20943 posts
Posted on 12/5/22 at 2:45 pm to
quote:

The amendments are all, in fact, limited.


What in the Constitution makes you say this?
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 12/5/22 at 2:48 pm to
quote:

What is the analysis on them being unconstitutional?

First Amendment analysis seems tenuous, to me.


In my opinion, with admittedly no reliance on any legal support because I don't have the time to put that together, thought and opinions are in the purview of "speech" for 1A purposes. Thoughts are the obvious logical precursor to spoken words.

Thus, elevating criminal punishment on the basis that the government didn't like what the perp thought while they were committing the crime would violate the perpetrators right to say (think) whatever he wanted.
Posted by KAGTASTIC
Member since Feb 2022
7989 posts
Posted on 12/5/22 at 2:48 pm to
quote:

Perjury is illegal.


Something something the right to not incriminate himself...
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 12/5/22 at 2:49 pm to
quote:

That’s because you’ve already accepted your rights being trampled on, apparently.


So you disagree with perjury, libel, and slander laws?

This conversation is not about how things should or could be. Its about how they are.
This post was edited on 12/5/22 at 2:51 pm
Posted by Indefatigable
Member since Jan 2019
35682 posts
Posted on 12/5/22 at 2:49 pm to
quote:

Something something the right to not incriminate himself...


What?
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
295208 posts
Posted on 12/5/22 at 2:52 pm to
quote:

libel, and slander laws?


Should only be civil cases. Not criminal.

Posted by POTUS2024
Member since Nov 2022
20943 posts
Posted on 12/5/22 at 2:57 pm to
quote:

Libel, slander, and perjury are illegal.


Gov can't sue or prosecute for libel or slander. First Amendment pertains to government infringement. Libel and slander are items between people. Also, the gov doesn't / can't do things that prevent you from being slanderous etc.

Perjury is the subversion of justice by an overt act and the gov does not suppress or limit the ability of anyone to commit perjury, and to be punished for it there must be intent to thwart justice.

These examples don't really get at the point of limits or absoluteness etc.
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