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View Diary: Freedom of Speech does NOT mean "Freedom from Criticism" (27 comments)

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  •  This discussion is driving me nuts! (1+ / 0-)
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    Tonedevil

    First of all, First Amendment "free speech" isn't relevant unless there is government action. Furthermore, all "speech" is also an conduct.  Words themselves can be fraud, libel, criminal solicitation, intentional infliction of emotional distress, etc., etc.  But the means of expression can be wrongful:  Burning a flag on the courthouse steps  may protected expression, but setting a fire at the courthouse is a crime.  Carving " Jesus Hates Gays" on someone's liver is not "religious expression"; it's murder.

    The concept that everyone has a "right to their opinion" is one of our cultural values. But it is, after all, merely a cultural norm, a value, a custom, not a "right."  And we have other cultural norms too, like not gratuitously offending people just because you've been entrusted with a microphone. That could be a violation of a contract with the owners of that microphone.

    If someone expresses their opinion to insult others, it's not " expressing an opinion"; it's bad behavior.  "Standing up for them" is more bad behavior.

    A right answer to the wrong question is a wrong answer.

    by legalarray on Sun Dec 22, 2013 at 04:42:37 PM PST

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