Text 16605, 96 rader
Skriven 2014-07-06 20:46:02 av Lee Lofaso (2:203/2)
Ärende: Freedom of Speech
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Hello Everybody,

One of the most cherished beliefs of Americans
is "freedom of speech".  But few Americans realize
their belief is nothing but an illusion to what is
reality.

Yes, everybody in the whole world has "freedom of
speech" - even if that speech does come with a price.
But "freedom of speech" as Americans want to believe
- sometimes referred to as "free speech" - is unique.

The American version of this freedom of speech (as
embedded in the First Amendment of the US Constitution)
is often misunderstood by Americans and also the rest
of the world for being something that it is not.

The First Amendment to the US Constitution states
quite clearly, and plainly, for all to read and
understand.  And yet so very few people, with the
possible exception of lawyers, comprehend the true
meaning of those words.

"Congress shall make no law abridging the freedom
of speech ... or of the press ..."

Can't get any more simple than that, right?

Well, just to make things even more to the point,
there is the Fourteenth Amendment - which makes
the First Amendment apply to the states as well.
That way, nobody has an excuse, regardless of
what race or color they might happen to be.

Contrary to what most Americans believe, or want
to believe, the First Amendment does not guarantee
any absolute right of free speech to anybody.  In
fact, there is nothing in the US Constitution that
guarantees Americans any absolute rights at all.

However -

The First Amendment does not pertain to the President.
IOW, the President can do whatever the hell he wants,
whenever he decides it serves his purpose.  Ditto with
Justices of the Supreme Court.

To put things in proper perspective -

What the First Amendment does is place a limit
on the power of one branch of government.  One
branch and one branch only.  Limit that one branch
of government to control speech.  What branch is
that?  The legislative branch.  And even that
limit is more myth than what passes for reality.

"Congress shall make no law ..."

What rights are stated for individuals?
Any individual rights to free speech?
None that I can find ...

The First Amendment does not protect us from
much of anything we do in our daily lives or
activities.

Congress, state legislatures, and local governments
have passed, and continue to pass hundreds of thousands
of laws abridging freedom of speech.

None of this is secret.  We know what those laws are,
and what those laws mean.

Free speech ends when it crosses a line called libel and slander.
Free speech ends when it crosses a line called invasion of privacy.
Free soeech ends when it crosses a line called commercial speech.

Intellectual property laws limit speech - both free and non-free.
Copyright and trademark laws limit free speech.
Making a "fighting speech" can land a person in jail.
Inciting a riot can also put one into a jail cell.
Reckless endangerment might put somebody in a graveyard.

Free speech ends when Congress decides something to be "in the
public interest" - as Congress itself defines it.

Children can be put in jail for writing on the walls at school.

Speech in the USA is only free if it is within approved limits.

My name is Lee Lofaso and I have not approved this message.

--Lee

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