The Mudcat Café TM
Thread #171198   Message #4140593
Posted By: Donuel
29-Apr-22 - 02:53 PM
Thread Name: BS: The free-speech absolutist strikes
Subject: RE: BS: The free-speech absolutist strikes
The fundamentals and definition of free speech in the USA is up to the court. In the USA what is protected speech is either political free speech or religious free speech. There are exceptions even there in the where and what as in a protest that is violent as in the Capitol building. Symbolic free speech is protected; In 1990 (U.S. v. Eichman), the Court struck down government bans on "flag desecration." Other examples of protected symbolic speech include works of art, T-shirt slogans, political buttons, music lyrics and theatrical performances.

Government can limit some protected speech by imposing "time, place and manner" restrictions. This is most commonly done by requiring permits for meetings, rallies and demonstrations. But a permit cannot be unreasonably withheld, nor can it be denied based on content of the speech. That would be what is called viewpoint discrimination -- and that is unconstitutional.

When a protest crosses the line from speech to action, the government can intervene more aggressively. Political protesters have the right to picket, to distribute literature, to chant and to engage passersby in debate. But they do not have the right to block building entrances or to physically harass people.

Unprotected speech includes commercial catagories that are numerous.
Citizens subject to fraud and other crimes
are assisted by the judicial department but it is a never ending cat and mouse game between the cops and robbers.

Again I bring up John Stuart Mills who claimed that true free speech must include the bad speech.