07-04-2015, 03:17 PM
this is a good topic of discussion for the 4th.
definitely one of those issues with an elusive gray area.
for starters, i think it's safe to say that free speech is not ABSOLUTELY absolute in a civilized society. there are certain limits which can be pretty clear, such as the "yelling fire in a crowded theater" example mentioned above. libel and slander are not always accepted as free speech. words which are deemed to be inciting violence are not protected free speech. there are other classes of speech which have also been found to fall outside the First Amendment. things may become even murkier and more problematic in the obscenity category. who is to decide for everyone else what is and what isn't obscene and precisely how to define it? but on the other hand, who in their right mind would reasonably find it legally acceptable to display explicit hardcore pornographic images on billboards across the street from schools?
i don't know exactly where this guy falls in regard to his nearing the legal limits of free speech. i suspect the courts have dealt with similar scenarios quite a number of times before. maybe it would be helpful to look into how courts have previously handled the Westboro Baptist contingent? lord knows they seem to be pushing the limits with their extreme hate speech targeting funerals and such.
definitely one of those issues with an elusive gray area.
for starters, i think it's safe to say that free speech is not ABSOLUTELY absolute in a civilized society. there are certain limits which can be pretty clear, such as the "yelling fire in a crowded theater" example mentioned above. libel and slander are not always accepted as free speech. words which are deemed to be inciting violence are not protected free speech. there are other classes of speech which have also been found to fall outside the First Amendment. things may become even murkier and more problematic in the obscenity category. who is to decide for everyone else what is and what isn't obscene and precisely how to define it? but on the other hand, who in their right mind would reasonably find it legally acceptable to display explicit hardcore pornographic images on billboards across the street from schools?
i don't know exactly where this guy falls in regard to his nearing the legal limits of free speech. i suspect the courts have dealt with similar scenarios quite a number of times before. maybe it would be helpful to look into how courts have previously handled the Westboro Baptist contingent? lord knows they seem to be pushing the limits with their extreme hate speech targeting funerals and such.