9thIDdoc
Gold Member
- Aug 8, 2011
- 7,956
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Ignorance of First Amendment jurisprudence is the primary problem – starting with the fact that the liberties protected by the Constitution with regard to speech apply only to the relationship between government and citizens, not between or among private persons or organizations.Frankly, I think free speech gets abused and isn't being used in the way that the founders intended.
From what I know of history, back in the day of monarchies, people would be hung for speaking out against the king or higher nobility. It was always my thinking after learning about how the USA was founded and our governing documents drafted etc, that freedom of speech was born out of the fact that people wanted to be able to speak up and say what they wanted about the government if the government was out of line. That's all well and good.
Unfortunately, people extend it to mean that they can say whatever they want whenever they want without consequence. I kind of think that the founding fathers of the US, roll in the graves everytime someone uses what was meant to protect citizens as a means to get away with saying hateful and mean things to each other.
I hardly thing freedom of speech is being treated in the spirit it was created and intended for. There are some opinions and what not that should just not be said, and there should be consequences for the backlash that happens as a result.
What about yourselves? What are your thoughts on this and where do you stand?
One private person or organization cannot 'violate' the free speech rights of another private person or organization; ignorance of this fact has resulted in the myth of 'political correctness,' the ridiculous notion that in the context of private society, a private person or private organization denouncing the speech of another private person or private organization somehow 'infringes' on the free speech right, when in fact nothing could be further from the truth.
In a free and democratic society – again, only in the context of private society – the people are at liberty to denounce speech they find offensive, allowing private society to determine whether or not that denunciation is warranted, absent interference by politicians or the courts, where whatever the determination of private society, it neither constitutes a 'backlash,' nor the myth of 'political correctness.'
The First Amendment, therefore, with regard to the original intent of the Framers, only addresses the relationship between the government and those governed, to decide what speech is beyond the scope of government regulation and what is not.
For example, pornography is entitled to Constitutional protections, obscenity not; hate speech is entitled to Constitutional protections, hate speech advocating for imminent lawlessness is not. Government may not subject speech to prior restraint absent a compelling governmental interest, evidence in support of the restraint, and a legitimate legislative end; as we saw in the Pentagon Papers case, that government might perceive speech embarrassing to government officials does not justify prior restraint, it does not warrant restricting the protected liberties of the press enshrined in the First Amendment.
Unfortunately there are those who seek to misapply the doctrine of free speech for political reasons, by seeking to propagate the lie that is 'political correctness,' to silence dissent they fear and disagree with; we've seen this in the efforts to vilify those engaged in lawful demonstrations against what they perceive as unjustified police violence, where those demonstrating have been falsely associated with a tiny faction of criminal extremists advocating for violence against the police, and the reprehensible and unwarranted claim that those demonstrating are somehow 'responsible' for violence against law enforcement.
Ignorance of First Amendment jurisprudence is the primary problem – starting with the fact that the liberties protected by the Constitution with regard to speech apply only to the relationship between government and citizens, not between or among private persons or organizations.Frankly, I think free speech gets abused and isn't being used in the way that the founders intended.
From what I know of history, back in the day of monarchies, people would be hung for speaking out against the king or higher nobility. It was always my thinking after learning about how the USA was founded and our governing documents drafted etc, that freedom of speech was born out of the fact that people wanted to be able to speak up and say what they wanted about the government if the government was out of line. That's all well and good.
Unfortunately, people extend it to mean that they can say whatever they want whenever they want without consequence. I kind of think that the founding fathers of the US, roll in the graves everytime someone uses what was meant to protect citizens as a means to get away with saying hateful and mean things to each other.
I hardly thing freedom of speech is being treated in the spirit it was created and intended for. There are some opinions and what not that should just not be said, and there should be consequences for the backlash that happens as a result.
What about yourselves? What are your thoughts on this and where do you stand?
One private person or organization cannot 'violate' the free speech rights of another private person or organization; ignorance of this fact has resulted in the myth of 'political correctness,' the ridiculous notion that in the context of private society, a private person or private organization denouncing the speech of another private person or private organization somehow 'infringes' on the free speech right, when in fact nothing could be further from the truth.
In a free and democratic society – again, only in the context of private society – the people are at liberty to denounce speech they find offensive, allowing private society to determine whether or not that denunciation is warranted, absent interference by politicians or the courts, where whatever the determination of private society, it neither constitutes a 'backlash,' nor the myth of 'political correctness.'
The First Amendment, therefore, with regard to the original intent of the Framers, only addresses the relationship between the government and those governed, to decide what speech is beyond the scope of government regulation and what is not.
For example, pornography is entitled to Constitutional protections, obscenity not; hate speech is entitled to Constitutional protections, hate speech advocating for imminent lawlessness is not. Government may not subject speech to prior restraint absent a compelling governmental interest, evidence in support of the restraint, and a legitimate legislative end; as we saw in the Pentagon Papers case, that government might perceive speech embarrassing to government officials does not justify prior restraint, it does not warrant restricting the protected liberties of the press enshrined in the First Amendment.
Unfortunately there are those who seek to misapply the doctrine of free speech for political reasons, by seeking to propagate the lie that is 'political correctness,' to silence dissent they fear and disagree with; we've seen this in the efforts to vilify those engaged in lawful demonstrations against what they perceive as unjustified police violence, where those demonstrating have been falsely associated with a tiny faction of criminal extremists advocating for violence against the police, and the reprehensible and unwarranted claim that those demonstrating are somehow 'responsible' for violence against law enforcement.
"Lawful demonstrations" does not include destruction of property or racial violence. Demonstrations and riots are two very diferent things.