What Have The Courts Ruled Are Permissible Infringements Of Speech?

[Ingomike]

In light of the “ministry of truth“ being established as part of homeland security (thank you Bush) it prompted me to ponder just what infringements the courts have allowed. We all know the yelling fire in a theater bit, but what else have they allowed to be controlled?

 

[indyblue]

Libel/defamation or slander?

 

[Ingomike]

Libel/defamation or slander?

But government is not taking speech from you with that, just allowing consequences for it.

 

[indyblue]

Isn’t that the same thing as yelling fire?
You are free to yell fire in a crowded theater but you will face consequences.

Maybe it’s a difference without a distinction, I don’t know.

 

[Timjoebillybob]

In light of the “ministry of truth“ being established as part of homeland security (thank you Bush) it prompted me to ponder just what infringements the courts have allowed. We all know the yelling fire in a theater bit, but what else have they allowed to be controlled?

"Fighting words" it decided that some declarations were so offensive that they would cause a reasonable man to come to blows or something like that. IN has it in the code book.
IC 35-42-2-3Provocation
Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation, a Class C infraction.

ETA And no I don't think that is a defense to a battery charge, but you'd have to ask a real lawyer to make sure.

And for the SCOTUS cases covering it. But they have also ruled that even if they qualify as fighting words, if the govt is punishing based on viewpoint discrimination they are still protected under the 1st.

fighting words

www.law.cornell.edu

Isn’t that the same thing as yelling fire?
You are free to yell fire in a crowded theater but you will face consequences.

Maybe it’s a difference without a distinction, I don’t know.

Slander isn't illegal. But you can be sued civilly for it. For yelling fire in a crowded theater, you can be charged with a crime generally something along the lines of inciting a panic and imprisoned. Also IANAL but I don't think the govt "itself" can sue you for slander, but individuals in govt can if you slander them. But the burden of proof is much higher.

ETA Yelling fire in a theater is from the Schenk v US which concerned sending petitions out about the draft in WW1 telling people to resist the draft. Schenk was partially overturned in Brandenburg v Ohio which was about words said at a KKK rally.

 

[Leadeye]

It's a tough question as until now we have never had a "ministry of truth", a star chamber that is the final judgement of right and wrong info. A court case will have to get started to block what they are doing, but they will have to do something first other than just exist. It could be that this is a one shot deal to help keep congressional seats knowing that in the end it won't pass constitutional muster, but will be too late after the elections.

 

[1DOWN4UP]

 

[BigRed]

In light of the “ministry of truth“ being established as part of homeland security (thank you Bush) it prompted me to ponder just what infringements the courts have allowed. We all know the yelling fire in a theater bit, but what else have they allowed to be controlled?

**** the court.

 

[Ingomike]

Wow! The ninth circus did this?

Ninth Circuit Rules Against Seattle in Using “Heckler’s Veto” in Arrest of Pro-Life Protester

We have often discussed how cities and universities will use the threat of protests to block or shutdown free speech, particularly of conservative speakers or groups. We now have a major decision o…

jonathanturley.org

 

[BigRed]

http://walterewilliams.com/free-speech/


BTW, I will note that "anti-Semitic" speech is nonetheless free speech as is "anti-Christian" speech as is "anti-Islamic" speech.