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  •  This guy should be picked up by the authorities (0+ / 0-)

    Overt racism and homophobic hate speech is an abuse of the First Amendment.

    Don't call these racist thugs the tea party, they are *teabaggers*! Please don't insult the original Tea Party as they were patriots. Call them TeaBaggers!

    by TeaBaggersAreRacists on Thu Nov 21, 2013 at 08:18:31 PM PST

    •  if we banned hate speech (2+ / 0-)
      Recommended by:
      blueoasis, wintergreen8694

      what would we have for programming on talk radio and cable tv?

    •  Um, no. (5+ / 0-)

      The instant we start accepting the idea of government hauling people in for "abuse of the First Amendment" is the very instant that the First Amendment loses all meaning.

      "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara, archbishop of Recife

      by JamesGG on Thu Nov 21, 2013 at 08:35:13 PM PST

      [ Parent ]

      •  I just fundamentally disagree on this issue (0+ / 0-)

        Overt racist and homophobic hate speech is not and should not be protected by the First Amendment.  

        None of the constitutional rights are absolute, and never have been.

        Don't call these racist thugs the tea party, they are *teabaggers*! Please don't insult the original Tea Party as they were patriots. Call them TeaBaggers!

        by TeaBaggersAreRacists on Thu Nov 21, 2013 at 08:38:11 PM PST

        [ Parent ]

        •  And on what legal basis.... (1+ / 0-)
          Recommended by:
          elmo

          ...do you make this claim?

          Overt racist and homophobic hate speech is not and should not be protected by the First Amendment.
          You claim that such speech "is not" protected by the First Amendment. That is a claim not of opinion, but of fact; to say that it "is not" protected is to suggest that there exists some kind of authoritative legal opinion within US law that accepts that such speech is not currently protected by the First Amendment.

          Exactly what case law or authoritative scholarship are you citing when you make that claim?

          "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara, archbishop of Recife

          by JamesGG on Thu Nov 21, 2013 at 08:44:54 PM PST

          [ Parent ]

          •  If I were a judge (0+ / 0-)

            I would uphold a law that made overt racist and homophobic speech illegal.  The harm from such speech would be sufficient to form a "compelling governmental interest" to ban such speech.

            Don't call these racist thugs the tea party, they are *teabaggers*! Please don't insult the original Tea Party as they were patriots. Call them TeaBaggers!

            by TeaBaggersAreRacists on Thu Nov 21, 2013 at 08:49:54 PM PST

            [ Parent ]

            •  If you were a judge and ruled that way (2+ / 0-)
              Recommended by:
              JamesGG, Skanner

              Your ruling would be overturned on appeal so fast it would make your head spin.

              And rightly so.

            •  Which is one of the reasons... (1+ / 0-)
              Recommended by:
              Skanner

              ...you're not a judge.

              People who openly state that they intend to completely upend a 200+ year precedent of extremely well-established Constitutional law generally don't find themselves in positions where they can put those intentions into practice.

              "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara, archbishop of Recife

              by JamesGG on Fri Nov 22, 2013 at 05:46:42 AM PST

              [ Parent ]

              •  I'm going to send my application (0+ / 0-)

                to Obama to be a federal judge.  After the filibuster was nuked yesterday, even I could be confirmed now.

                Don't call these racist thugs the tea party, they are *teabaggers*! Please don't insult the original Tea Party as they were patriots. Call them TeaBaggers!

                by TeaBaggersAreRacists on Fri Nov 22, 2013 at 09:09:32 PM PST

                [ Parent ]

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