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Thread: SC Deputy Sheriff Fucks Up 1st Amendment

  1. #51
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by The Man View Post
    Yep. At least here, we put cops in prison, for shooting people without a good reason: Const. James Forcillo sentenced to 6 years in Sammy Yatim shooting
    And surprisingly, thaf has a deterrent effect on other would-be cop murderers.
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  2. #52
    quichierbichen
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    The problem I have with this case is that it speaks directly to POLITICAL speech. Political speech gets and should get extra protection under the First Amendment.

    This case was about disorderly conduct, not fighting words.

  3. #53
    quichierbichen
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    Quote Originally Posted by Madeline View Post
    It's a logic question and I don't know the answer.
    I don't see why not. You're disputing the constitutionality of disorderly conduct statutes, but now you don't want to comment?

    Fighting words used to incite a riot are not protected.

    Every other abusive language is.
    Well there is a logical statement that you can't support. You're essentially trying to prove a negative here, something you logically cannot do.


    The "audience" to be protected from fighting words cannot be the cops. There must be at least one member of the public.
    I'd say her speech to the high school athlete probably offended his parents, who were likely in attendance.

    So....no. I don't think the Ohio statute passes constitutional muster, IF it is read to allow the cops to make anticipatory arrests for "attempted inciting a riot".
    But the law doesn't say anything about riot, so I don't know why you are mentioning it. Sounds like a distraction.

    But it likewise seems illogical that cops cannot arrest for disturbing the peace until a riot is underway.

    So.....you need smarter people than I to reply to your excellent question.
    Thanks for the complement, but you invited the question via your OP, and you are the trained attorney here, so I'm not sure how to respond to this except to scold you for chickening out on your own argument.

  4. #54
    quichierbichen
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    Quote Originally Posted by Madeline View Post
    Right. So in that case, the lady cannot be charged with DTP based on acts that would have been legal in another public space.

    E.g., the library parking lot.
    They would? People play baseball in library parking lots? Her remarks were specific to the activity she was viewing.

  5. #55
    quichierbichen
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    I can invent all sorts of patently offensive speech that you claim would now be constitutionally protected. For example, what if a parent walked into an elementary school wearing a t-shirt on which was the image of a shaved vagina, with the words "Pussiess are sweet. I want to eat yours." That would be legal conduct--in fact it would be impossible to make it illegal, based on your argument here. I mean, that image and those words could easily appear on a web page. The parent isn't a school employee or a minor. There's no sign at the door of the school specifically prohibiting such conduct. The school's dress code doesn't apply to visitors, and it isn't usually posted.

    Now, a visitor to school has to stop at the office in every state to get a visitor's pass or badge. Are you saying that the school could not prohibit a person so dressed from walking the hallways to get to a meeting with a teacher at mid-day?

  6. #56
    The Un-Holy One The Man's Avatar
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    In Russia, insulting a policeman is an actual crime. But they are an authoritarian police state dictatorship. America, I would imagine, is still a free country...
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  7. #57
    the "good" prag pragmatic's Avatar
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    Quote Originally Posted by The Man View Post
    No, he wasn't. I've noticed that US right wingers want to kill anyone they consider a "criminal" or a "thug", anyone who in any way questions the "authority" of police is fair game, to them.

    Got that right. Us RWs are always looking for somebody questioning authority.

    Then we kill 'em.
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  8. #58
    The Un-Holy One The Man's Avatar
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    Quote Originally Posted by pragmatic View Post
    Got that right. Us RWs are always looking for somebody questioning authority.

    Then we kill 'em.
    Yeah. You guys are like Jason Voorhees. Or that masked guy in "Scream"

  9. #59
    Member Robert Urbanek's Avatar
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    Quote Originally Posted by Rasselas View Post
    The problem I have with this case is that it speaks directly to POLITICAL speech. Political speech gets and should get extra protection under the First Amendment.

    This case was about disorderly conduct, not fighting words.
    So, if a jerk at a sporting event yelled "I hope Trump f***s your daughter," would that be protected political speech?
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  10. #60
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Rasselas View Post
    The problem I have with this case is that it speaks directly to POLITICAL speech. Political speech gets and should get extra protection under the First Amendment.

    This case was about disorderly conduct, not fighting words.
    Please read the cases I cited earlier. They are not long.

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