Are "No Cursing" laws unconstitutional? (user search)
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  Are "No Cursing" laws unconstitutional? (search mode)
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Author Topic: Are "No Cursing" laws unconstitutional?  (Read 17728 times)
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« on: August 27, 2005, 01:13:49 PM »

In a private place I would say they are unconstitutional. In a public place, I find no constitutional problem with them.

The freedom of speech has its limitations. To take the words in a literal and unlimited sense would be such a metamorphosis of what the framers intended, it's something I would expect from the Supreme Court.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #1 on: August 27, 2005, 02:21:00 PM »

The issue here has nothing to do with a constitutional right to not be offended. Rather, it is about how broad free speech is. Your interpretation is incompatible with 200 years of constitutional law.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #2 on: August 27, 2005, 02:30:08 PM »

Libel does not cause any tangible harm to a person. I assure you that has been illegal for some time.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #3 on: August 27, 2005, 02:44:01 PM »

I was attacking the tangible harm premise. If opebo tells some three year old girl to suck his dick, that does her no tangible harm. I don't know too many people that would argue it's protected free speech under the first amendment.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #4 on: September 24, 2005, 01:44:31 PM »

I'm not going by the common law. I'm just trying to apply it reasonably... I would define it as expression, but I think it applies less on public property than it does on private property.

For example, you may have the first amendment right to put up a sign on your front lawn supporting a candidate for some political office, but that doesn't mean you can put in on public property.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #5 on: September 24, 2005, 04:10:05 PM »

So how about bans on public nudity?
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #6 on: September 24, 2005, 04:16:22 PM »

The only thing that's clear if that you are completely ignorant of the history and text of the first amendment.
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