Page 7 of 9 FirstFirst ... 56789 LastLast
Results 61 to 70 of 88
Thanks Tree45Thanks

Thread: SC Deputy Sheriff Fucks Up 1st Amendment

  1. #61
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    51,355
    Thanks
    29713

    From
    Cleveland, Ohio
    Quote Originally Posted by Robert Urbanek View Post
    So, if a jerk at a sporting event yelled "I hope Trump f***s your daughter," would that be protected political speech?
    Yes.

  2. #62
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    51,355
    Thanks
    29713

    From
    Cleveland, Ohio
    Quote Originally Posted by Rasselas View Post
    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?
    Yes.

  3. #63
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    51,355
    Thanks
    29713

    From
    Cleveland, Ohio
    True story: across the street from Our Lady Queen of Peace is a cantankerous old man, who made a billboard for his front yard, on which he rails, in profane words and images, about bad government.

    Our Lady has a k to 6 school, but even so, the government cannot lay a finger on this guy.

    Not once, in 30 years.

  4. #64
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    51,355
    Thanks
    29713

    From
    Cleveland, Ohio
    Quote Originally Posted by Rasselas View Post
    Not sure your argument makes sense. I just did a very brief examination of the Snyder case, and it was specific to "matters of public concern." I don't see how the performance of a high school athlete is a matter of public concern.

    The Terminiello case was also decided based on the expectation that the First Amendment protects POLITICAL speech, even if it is likely to move people to a public disturbance. https://www.oyez.org/cases/1940-1955/337us1]Nothing about this woman's conduct "invited dispute" over an issue of public concern.

    In both the cases you cite, the content of the speech is specifically related to the protections it earns under the 1A, which flies in the face of your original point, which is that content is immaterial to the protection of any instance of speech.

    Let me ask you a question, Madeline. If you would interpret the 1A so broadly, would its protections include, for example, speech that is sexually harassing or intimidating? If I were walking with my 15 year old daughter and someone shouted at us "You know you're daughter is a whore! Show me your pussy you dirty little girl!" Would that be first amendment protected speech? It wouldn't protect such a person from my fists. Would my assault be illegal but his provocation legal?
    Yes.

    I think the SCOTUS got it wrong, but threat making is protected speech unless the maker takes at least one step to carry it out.

    No matter how reasonable the fear may be that his target experiences.

    The 1st amendment does not protect "true threats", but does protect the others.

    That is a 2016 decision, if memory serves. The WBC decision was in 2011.

    Scalia really, really thought free speech matters.

  5. #65
    told you so Amelia's Avatar
    Joined
    Jun 2014
    Posts
    44,018
    Thanks
    25547

    From
    Wisconsin
    Quote Originally Posted by Madeline View Post
    Also unconstitutional. Nobody loves the good old first amendment anyone?

    TERMINIELLO v. CHICAGO, 337 U.S. 1 (1949); Snyder v. Phelps, 562 U.S. 443 (2011). The content of speech cannot be regulated by the state on the grounds that it will likely give offense.

    Content regulations are constitutional as to military news during wartime, and similar remarks that undermine a public disaster response effort.
    Where would YOU draw the line?

    If the crazy person is yelling outside your house? At a birthday party? In the halls of a school?

  6. #66
    olguy OlGuy's Avatar
    Joined
    May 2016
    Posts
    1,829
    Thanks
    359

    From
    california
    They should just let the other side discuss it with her in the parking lot after the game just like the kids do.

  7. #67
    Veteran Member TNVolunteer73's Avatar
    Joined
    Nov 2014
    Posts
    29,977
    Thanks
    7718

    From
    TN
    Quote Originally Posted by Madeline View Post


    Note: my comments below assume that all reported facts are accurate, and nothing relevant was left out by the reporters.



    Note: there is no crime known as "refusing to comply". The cop must have given a lawful order before refusing it could possibly be criminal.

    See also, 5th amendment right against self-incrimination. This is not Nazi Germany, and we do not have to "show our papers" every time some thug in blue demands it.



    Trash-talking at a HS baseball game is obviously protected free speech. Also, Ms. Ricketts' speech is hardly even crabby, nevermind offensive. EVEN for the Deep South.



    Deputy Thug has no right to order any citizen off public property unless they are committing a crime. Failure to follow an illegal order is not a crime.



    You cannot commit the crime of resisting arrest if the predicate arrest is illegal. That cop is acting as a private person, under color of law, violating her civil rights and is exposing himself and his employer to liability by doing so.



    18 USCA s. 242.. et seq.



    "Swearing" at a cop is not a crime. You have a free speech right to swear like a sailor in public.



    Woman charged after bad-mouthing HS baseball player, deputy

    Nice. So Deputy Thug threatened her with even more abuse of process if she did not comply.

    I hope she gets $1 million off this city for this. We have a HUGE problem with bad cops who think that their job is to bully citizens as the mood takes them.

    Deputy Thug needs to resign. He lacks the emotional maturity, judgment and basic civics knowledge to do the job of a cop.


    What say you?
    It appears the judge needs to sentence her to having her mouth washed out with soap.

  8. #68
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    51,355
    Thanks
    29713

    From
    Cleveland, Ohio
    Quote Originally Posted by Amelia View Post
    Where would YOU draw the line?

    If the crazy person is yelling outside your house? At a birthday party? In the halls of a school?
    Me? I am nowhere near smart enough to make jurisprudence on freedom of speech.

    However......

    Bear in mind, every time you want speech suppressed, it is the government doing the censorship and suppression and punishment.

    The primary purpose of freedom of speech, IMO, is to prevent the government from oppressing the citizens.

  9. #69
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    51,355
    Thanks
    29713

    From
    Cleveland, Ohio
    Quote Originally Posted by TNVolunteer73 View Post
    It appears the judge needs to sentence her to having her mouth washed out with soap.
    How very FDR of you.

  10. #70
    Spock of Vulcan Ian Jeffrey's Avatar
    Joined
    Mar 2013
    Posts
    50,564
    Thanks
    23957

    From
    Vulcan
    Quote Originally Posted by Madeline View Post
    You cannot commit the crime of resisting arrest if the predicate arrest is illegal.
    Yes, you can.

Page 7 of 9 FirstFirst ... 56789 LastLast

Similar Threads

  1. Replies: 3
    Last Post: 17th September 2016, 01:49 AM
  2. Florida sheriff deputy flees to Russia, asks for asylum
    By The Man in forum Current Events
    Replies: 22
    Last Post: 13th April 2016, 12:47 AM
  3. Replies: 17
    Last Post: 31st August 2015, 07:38 AM
  4. Replies: 269
    Last Post: 13th August 2015, 06:35 AM
  5. Sheriff's deputy, killed six teens
    By patriotgrl in forum Current Events
    Replies: 3
    Last Post: 10th October 2007, 06:20 AM

Tags for this Thread


Facebook Twitter RSS Feed