TemplarKormac
Political Atheist
- Mar 30, 2013
- 50,381
- 13,746
- Thread starter
- #1,421
Some speech is restricted: Incitement to violence, speech that would endanger the public. Threats are illegal and threatening the president constitutes a felony.
That's reasonable. But given the propensity of those in power to push the envelope, such a definition can be changed where even simple religious expression can be seen as an "incitement to violence" or "endangering the public." Threats to the president are unacceptable. Period.
It takes more than simple expressions to incite violence or endanger the public.
Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action. Specifically, it struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v. California, 274 U.S. 357 (1927) was explicitly overruled, and doubt was cast on Schenck v. United States, 249 U.S. 47 (1919), Abrams v. United States, 250 U.S. 616 (1919), and Dennis v. United States, 341 U.S. 494 (1951).
Brandenburg v. Ohio - Wikipedia, the free encyclopedia
(Since our resident law student can't seem to find cases, I'll do it this time.)
Was that last bit directed at me?
Whitney v. California, 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society.
Whitney v. California - Wikipedia, the free encyclopedia
Schenck v. United States, 249 U.S. 47 (1919), was a United States Supreme Court decision concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in a famous opinion by Justice Oliver Wendell Holmes, Jr., concluded that defendants who distributed leaflets to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a "clear and present danger" of succeeding, could be punished. The Court continued to follow this reasoning to uphold a series of convictions arising out of prosecutions during war time, but Holmes began to dissent in the case of Abrams v. United States, insisting that the Court had departed from the standard he had crafted for them, and had begun to allow punishment for ideas. The "clear and present danger" standard remains the test of criminal prosecutions, but the Court has set another line of precedents to govern cases in which the constitutionality of statute is challenged on its face.
Schenck v. United States - Wikipedia, the free encyclopedia
Abrams v. United States, 250 U.S. 616 (1919), was a decision by the Supreme Court of the United States upholding the 1918 Amendment to the Espionage Act of 1917, which made it a criminal offense to urge curtailment of production of the materials necessary to the war against Germany with intent to hinder the progress of the war. The 1918 Amendment is commonly referred to as if it were a separate Act, the Sedition Act of 1918.
Abrams v. United States - Wikipedia, the free encyclopedia
Dennis v. United States, 341 U.S. 494 (1951), was a United States Supreme Court case relating to Eugene Dennis, General Secretary of the Communist Party USA. The Court ruled that Dennis did not have the right under the First Amendment to the United States Constitution to exercise free speech, publication and assembly, if the exercise involved the creation of a plot to overthrow the government.
Dennis v. United States - Wikipedia, the free encyclopedia