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View Diary: What is it I am not understanding about the American concept of 'Freedom of Expression' (158 comments)

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  •  How about... (2+ / 0-)
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    mint julep, JDsg

    fraud, or deceptive business practices?  These are federal offenses, and would be regardless of motive.   If the motive can be proved to be to cause violence, and I think it can, it should become a hate crime.

    Terror has no religion.
    لا إله إلا الله محمد رسول الل

    by downsouth on Fri Sep 28, 2012 at 07:21:31 PM PDT

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    •  possibly. (1+ / 0-)
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      I don't know if the current hate crimes laws would be applicable or not.

      "Okay, until next time. Keep sending me your questions, and I will make fun of you... I mean, answer them." - Strong Bad

      by AaronInSanDiego on Fri Sep 28, 2012 at 07:45:24 PM PDT

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    •  I seriously doubt this (4+ / 0-)

      But have PMed a couple on lawyers on the site suggesting they comment on the subject in this diary.

      All sorts of things can incite hatred and violence and it's a multi-party proposition that includes what one party says and what another hears or how they interpret it. Clearly, some people can be incited to violence for some pretty irrational reasons, and cultural norms are important.

      My understanding of US law is the bias is in the direction of greater latitude for self-expression and the SCOTUS has a long history of ruling against prior-restraint.

      Direct threats of violence are not protected but indirect provocation even when based on clearly expressed bigotry and falsehoods generally is.

      What I's like to know is, why can't we ever find a Constitutional lawyer when we need one?  They are probably eating donuts somewhere.

      What about my Daughter's future?

      by koNko on Fri Sep 28, 2012 at 11:37:37 PM PDT

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