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Freedom of Speech


Russ

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Alright, here's one that I don't think has been discussed.

 

At what point should speaking one's opinion be illegal? When does freedom of speech stop being about individual liberty and start being about whether you're interfering with the liberty of others?

 

For example, take people like the Westboro Baptist Church (if you don't recognize the name, I guarantee that you've heard of them - do a Google Image search and it'll take you about two seconds to know exactly who they are). The things that they say are incredibly hurtful and they're obviously classless in their picketing of marines' funerals, etc., but is their speech protected by the Constitutional right to freedom of speech? If so, should they be an exception and should they be banned from their protests?

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Well, in a lot of countries, it becomes illegal when it's classified as "hate speech." However, the US is super special in that outlawing hate speech is considered "unconstitutional." But according to Wikipedia (I know, I know), obscenity, defamation, incitement to riot, and fighting words are indeed illegal in the States. It's interesting that defamation is illegal and hate speech is not.

 

I think that Westboro Baptist Church should be banned from picketing funerals, at least. They have to be something like 100 yards away but it's clearly not enough. However, I encourage them to continue standing on street corners bellowing like psychopaths...it just shows everyone how insane they are. Plus it creates the opportunity for videos like

. One thing I can say about WBC is that they seem to follow the bible the best out of any sect... but that's another debate, heh.
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Oh, them... I actually had a friend who had them go to their church. Though, when the Constitution they did not think that we would ever reach this. I think this is horrible and think it should be stopped.

 

As for the freedom of speech:

 

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.

 

So the church I think has figured that with only signs and yelling, they can get away with it. But as soon as they step to far, they can. The fact that anyone would even want to to that is mind-boggling, really.

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It's an interesting thing, though...somewhat of a paradox.

 

Is it freedom of speech to allow someone to protest others' freedom of speech?

 

Is it freedom of religion to allow them to protest religious freedom?

 

If the message itself is unconstitutional based on the very grounds that they are claiming constitutional sanction, no, I don't think it should be expressed. And infringing on others' privacy rights? Illegal. Slander? Illegal. They worm their way out of the slander charge by saying "WE'RE not the ones saying that so-and-so is burning in hell--GOD is saying it!" Honestly, they deserve slander charges slapped on them, as well as trespassing charges.

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