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View Diary: U.S. Supreme Court protects Westboro's right to obnoxious speech (213 comments)

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  •  so the government can punish you for speaking? (0+ / 0-)

    If the court upheld the jury's verdict, that would be the case. You think this is ok?

    •  Not at all. (0+ / 0-)

      This lawsuit was a private action -- it was not a government entity.

      The Government can't punish you, but your target may, if it can demonstrate injury to a jury of your peers.

      "Don't bring that horse in here!" -- Cassandra

      by tc59 on Wed Mar 02, 2011 at 12:38:39 PM PST

      [ Parent ]

      •  but courts are the government (0+ / 0-)

        of course you are free to privately sue anyone you want, say by publishing an angry blog post and demanding the person you are "suing" pay you. That's not a lawsuit, though. It's only a lawsuit if you go to court, which is a government building. If you win the lawsuit in court, your judgment is enforced by the Sheriff, who is a government official. Thus, the government is punishing you for speaking. This is impermissible under the First Amendment.

        •  Um, (0+ / 0-)

          perhaps you should read the First Amendment.

          "Don't bring that horse in here!" -- Cassandra

          by tc59 on Wed Mar 02, 2011 at 01:25:55 PM PST

          [ Parent ]

          •  "congress" is any government person (0+ / 0-)

            from sheriffs and judge's to public school teachers. I can understand that you're not a fan of that principle in this case. However, its because almost all of the freedoms guaranteed by the Bill of Rights have been found to apply to the 50 states that it's true. Would you rather that states didn't have to follow the Bill of Rights? Would you prefer that public schoolkids in Kansas are forced to say the Lords Prayer every morning?

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