Americans agree that democracy requires freedom of speech. But a large minority also thinks it’s acceptable to bar certain subjects or speakers from public debate.
The First Amendment prohibits Congress from making laws that limit the freedom of speech, or of the press. That’s all it does (with respect to speech). It does not guarantee that anyone who speaks will be listened to, nor does it guarantee that the press will treat every speaker equally. Nor does it mean that those speakers are exempt from the consequences of their statements.
Even with the strong first amendment wording, we do have some exceptions where generally there is another constitutional right that it is weighted against, such as copyright. And there is a long discussion there specifically about whether false statements are protected.
The “Freeze Peach” crowd wants not only the right to spout lies as truth, but they want the right to have the public believe their lies and disbelieve the truth, just because they say so. Our government can’t stop them from saying those things, but the rest of us (including the press) have every right to point out how bonkers they are.
The First Amendment prohibits Congress from making laws that limit the freedom of speech, or of the press.
Unless it conflicts with someone else’s rights, which is why laws against speech that incites violence is constitutional. Yes, you pointed it out later, but that undermines it being stated as directly as this sentence.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The exceptions have been hammered out in the courts over the years, where this amendment conflicts with other Constitutionally-protected rights. But the fact that this is here, in the very first Amendment, in such an absolute fashion means it must be given a lot of deference when balanced against other things.
it must be given a lot of deference when balanced against other things.
By who? Who has to defer to this interpretation? That’s what matters.
The Supreme Court is not required to decide anything in any particular way. The Constitution could literally say “the sky is blue” and the Supreme Court would have it within their power to decide that the sky is not blue. Forget what the Constitution says. It only matters who has the power to interpret it.
Fucking vote, so we can get more judges on the court who don’t accept private plane flights and free houses from wealthy donors.
The First Amendment prohibits Congress from making laws that limit the freedom of speech, or of the press. That’s all it does (with respect to speech). It does not guarantee that anyone who speaks will be listened to, nor does it guarantee that the press will treat every speaker equally. Nor does it mean that those speakers are exempt from the consequences of their statements.
Even with the strong first amendment wording, we do have some exceptions where generally there is another constitutional right that it is weighted against, such as copyright. And there is a long discussion there specifically about whether false statements are protected.
The “Freeze Peach” crowd wants not only the right to spout lies as truth, but they want the right to have the public believe their lies and disbelieve the truth, just because they say so. Our government can’t stop them from saying those things, but the rest of us (including the press) have every right to point out how bonkers they are.
Unless it conflicts with someone else’s rights, which is why laws against speech that incites violence is constitutional. Yes, you pointed it out later, but that undermines it being stated as directly as this sentence.
The actual text is that absolute, though:
The exceptions have been hammered out in the courts over the years, where this amendment conflicts with other Constitutionally-protected rights. But the fact that this is here, in the very first Amendment, in such an absolute fashion means it must be given a lot of deference when balanced against other things.
By who? Who has to defer to this interpretation? That’s what matters.
The Supreme Court is not required to decide anything in any particular way. The Constitution could literally say “the sky is blue” and the Supreme Court would have it within their power to decide that the sky is not blue. Forget what the Constitution says. It only matters who has the power to interpret it.
Fucking vote, so we can get more judges on the court who don’t accept private plane flights and free houses from wealthy donors.
Well, you’re not wrong, but that’s an entirely different context