About the 1st Amendment and the one key word...(it could be a surprise)

[Stuart G]

Last edited Mon Oct 9, 2017, 01:18 PM - Edit history (2)

First Amendment to the Constitution

"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 key word is...the 4th word................"no "...."no law"....it really is pretty simple..(and that is why they wrote it in a simple way.....

no law..........means "NO LAW".........


Now I am not sure when I learned about that word....no...but it was pretty early in my life..probably 2 or 3 years old...It is a word parents or loved ones always teach the very young child, or children, if you have more than one, like twins, triplets, etc..their young children............

"No law"...means..."no" law....none, zero, nada, 000000000000000000000000000000

get the picture...?..So pence cannot make a law, neither can trump..., neither can I, and neither can you.

(two exceptions that the courts have ruled on)
Yes, the courts have ruled you cannot yell "fire" in a crowded theater, and you can't make up stuff and spread it around as truth...(, just an example..:."she is a whore"...and that person is the most non sexual person in the world, doesn't want it, never thinks about it ).....Spreading around a known lie, to injure someone is called .."slander." A person can sue and recover money in cases of "slander" .......free speech does not protect.. "slander"...

Those are a couple of exceptions..there are not many..
Courts have ruled the "flag" is not sacred...yes they have..and it isn't. If we had Washington, and Jefferson and Madison right here,,,,the three would say....trump and pence are idiots...how did they get in????
What happened..?....

Well that is enough on this one...F**K trump and pence...send them back to school and learn the law

[The Velveteen Ocelot]

1. Trump and Pence can't make laws because they aren't legislators.

Congress makes laws, and the First Amendment says "Congress shall make no law respecting...." etc.

[mountain grammy]

2. Every law made to restrict abortion

or gay rights violates the establishment clause of the first amendment, in my opinion.

[Stuart G]

3. I agree with you..the courts will rule on this..I hope we are correct..

[Fla Dem]

14. Exactly, because the restrictions are based on religious principles.

[jmg257]

4. One thing I, you, Pence and Trump have in common - we are not in Congress. We can't make laws period

Curious - can employers restrict 1st amendment rights in their place of business?

[Shrike47]

5. One correction: slander isn't illegal. Not a crime, it's a tort.

I can sue you for slander but you won't go to jail for it.

[Stuart G]

11. Correction made...slander is not a crime..

[Hassin Bin Sober]

12. 17 States have criminal defamation laws

Between 1992 and August 2004, 41 criminal defamation cases were brought to court in the United States, among which six defendants were convicted. From 1965 to 2004, 16 cases ended in final conviction, among which nine resulted in jail sentences (average sentence, 173 days). Other criminal cases resulted in fines (average fine, $1,700), probation (average of 547 days), community service (on average 120 hours), or writing a letter of apology.[17]

https://en.m.wikipedia.org/wiki/United_States_defamation_law

[Fred Sanders]

6. I think the key word is abridging, as in "curtailing". The hate speech of Nazis and KKK for

instance, by definition, have ideas of genocide and hatred of minorities on a scale that makes them and all they stand for quite worthy of being banned, never mind curtailed.
I recall America fighting two epic wars to get rid of these guys and their fucked up free speech and "ideas" and "ideals", so now all that needs to be protected.

I disagree.

[n2doc]

7. they can't 'make laws', but they sure can modify things

W, and Obama, showed the power of the exec branch in this regard. Trump is using the powers they trail-blazed.

[Stuart G]

9. Good point..Pence and Trump will modify the laws in ways that hurt lots of people.

For example: cutting back requirements on air pollution and increasing pollution will hurt tens of thousands of people in the long run. Maybe hundreds of thousands..very sad.

[thbobby]

8. send them back to school and learn the law

Send Trump back to school to learn to read.

Send Trump and Pence back to learn the world is not theirs to destroy and rob from.

But then, stupid, evil people do not generally do well in school. But they do lie and say how smart they are. Or how much they love Jesus.

Both are stupid. Both are haters. Both are conmen.

Just my humble opinion, of course.

[fierywoman]

10. Visualize them both in orange jumpsuits with DOC on their backs. They

can read all the law books they want on the inside.

[onenote]

13. As you must know, the courts have upheld a variety of laws that regulate speech

There are more than just a "couple" of exceptions to an absolutist reading of the First Amendment. Among other things, the courts have upheld prohibitions on obscene speech and restrictions on "indecent" speech (in certain contexts). The courts have upheld restrictions on commercial speech (while also recognizing that commercial speech is not completely unprotected). The courts have upheld a variety of "time, place, and manner" regulations and laws pertaining to speech. Just to name a few.

And while the law says "Congress" shall make no law, the First Amendment has been interpreted as a limitation on the powers of the federal government generally and, through the fifth amendment, on the powers of state and local governments as well.

Finally, the first amendment does not limit private action -- so, absent a law specifically restricting employers from limiting their employees speech, employers can fire someone for their words or expressive conduct.