Bob Blaylock
Diamond Member
- Aug 22, 2015
- 33,988
- 26,976
And yet, we have sensible limits on it.
You can't belong to a religion that advocates human sacrifice.
You can't scream "Fire" in a crowded theater.
You can't print scurrilous lies about someone in a newspaper without being sued for libel and slander.
Your petitioning the government for a redress of grievances does not include burning down your city or storming the Capitol.
“Prior Restraint” is an important concept, here.
Under the First Amendment, government is strictly prohibited from imposing prior restraint on expression. Government cannot legitimately tell you what you may or may not say.
However, if you abuse these rights, in a manner that unjustly causes harm to someone else, then the one who can show that he was harmed has standing to sue you for it. In some cases, government can even criminally prosecute you. It's not the expression itself that is the tort/crime; it is the unjustifiable causing of harm to another.