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Thread: College Students Disciplined for Anti-Conservative Attack

  1. #41
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Tennyson View Post
    Jefferson would absolutely endorse that law.

    There is no constitutional right to protest and no right to disrupt someone's free speech rights.
    You may have your own opinions, sir.

    But not your own facts.

    A jury held members of the Westboro Baptist Church liable for millions of dollars in damages for picketing near a soldier’s funeral service. The picket signs reflected the church’s view that the United States is overly tolerant of sin and that God kills American soldiers as punishment. The question presented is whether the First Amendment shields the church members from tort liability for their speech in this case.

    *Snip*

    Simply put, the church members had the right to be where they were. Westboro alerted local authorities to its funeral protest and fully complied with police guidance on where the picketing could be staged. The picketing was conducted under police supervision some 1,000 feet from the church, out of the sight of those at the church. The protest was not unruly; there was no shouting, profanity, or violence.

    The record confirms that any distress occasioned by Westboro’s picketing turned on the content and viewpoint of the message conveyed, rather than any interference with the funeral itself. A group of parishioners standing at the very spot where Westboro stood, holding signs that said “God Bless America” and “God Loves You,” would not have been subjected to liability. It was what Westboro said that exposed it to tort damages.

    *Snip*

    Westboro believes that America is morally flawed; many Americans might feel the same about Westboro. Westboro’s funeral picketing is certainly hurtful and its con-tribution to public discourse may be negligible. But Westboro addressed matters of public import on public property, in a peaceful manner, in full compliance with the guidance of local officials. The speech was indeed planned to coincide with Matthew Snyder’s funeral, but did not itself disrupt that funeral, and Westboro’s choice to conduct its picketing at that time and place did not alter the nature of its speech.

    Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro from tort liability for its picketing in this case.

    The judgment of the United States Court of Appeals for the Fourth Circuit is affirmed.

    It is so ordered.
    Snyder v. Phelps, 2011.

    https://www.law.cornell.edu/supct/html/09-751.ZO.html

  2. #42
    A Character Tennyson's Avatar
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    Quote Originally Posted by Madeline View Post
    You may have your own opinions, sir.

    But not your own facts.



    Snyder v. Phelps, 2011.

    https://www.law.cornell.edu/supct/html/09-751.ZO.html
    I am referencing the Constitution and no right to protest, not a Supreme Court's opinion regarding what the Constitution means this week. They are two seperate issues. But, if you want to use a Supreme Court opinion, I am fine with that as long as you can defend the constitutional basis of the opinion.

  3. #43
    Veteran Member DebateDrone's Avatar
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    Quote Originally Posted by Tennyson View Post
    Jefferson would absolutely endorse that law.

    There is no constitutional right to protest and no right to disrupt someone's free speech rights.
    Surely you know...or should know not all rights are enumerated. The Constitution does not have to enumerate your right to breath. ...yet you do.

    The constitution does give the right to assemble and to petition the government for redress of grievances. That has been interpreted as protest.
    Thanks from Madeline

  4. #44
    A Character Tennyson's Avatar
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    Quote Originally Posted by DebateDrone View Post
    Surely you know...or should know not all rights are enumerated. The Constitution does not have to enumerate your right to breath. ...yet you do.

    The constitution does give the right to assemble and to petition the government for redress of grievances. That has been interpreted as protest.
    Are you referring to the Ninth Amendment?

    The interpretation has no constitutional basis. Can you provide that?

  5. #45
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Tennyson View Post
    Are you referring to the Ninth Amendment?

    The interpretation has no constitutional basis. Can you provide that?
    Methinks you have a bee in your bonnet, sir.

  6. #46
    A Character Tennyson's Avatar
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    Quote Originally Posted by Madeline View Post
    Methinks you have a bee in your bonnet, sir.
    Because am I asking for your source for other rights?

  7. #47
    quichierbichen
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    Quote Originally Posted by Tennyson View Post
    Because am I asking for your source for other rights?
    Isn't God the source of all rights--or the Creator, or something? Aren't they inherent and unalienable? They exist independent of the Constitution, which speaks of necessary, not sufficient conditions of liberty.
    Thanks from Madeline

  8. #48
    A Character Tennyson's Avatar
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    Quote Originally Posted by Rasselas View Post
    Isn't God the source of all rights--or the Creator, or something? Aren't they inherent and unalienable? They exist independent of the Constitution, which speaks of necessary, not sufficient conditions of liberty.
    That is not what my question regarded.

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