Thread: Dead = Sad
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Old 12-10-2007, 11:04 PM
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strandinthewind strandinthewind is offline
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Quote:
Originally Posted by michelle2677 View Post
. . . i'm against censoring, . . . .
a little SELF censorship goes a long, long way

Also, as I have pointed out many times in the past, the only legal right to free speech is the Constitution's language in the First Amendment, which states (emphasis supplied) :

Amendment I

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.


All state Constitutions have a similar phrase. Thus, the law states that free speech exists only in the context of the state (which is unclearly defined in the subsequent caselaw) cannot prohibit speech. A truly private entity, such as this board, has no such legal restriction. So, the owner of the board can legally prohibit speech. For those interested, here is a treatise or two on the issue.

http://www.firstamendmentcenter.org/....aspx?id=17979

http://en.wikipedia.org/wiki/First_Amendment


As an aside, the Second Amendment clearly confers on a well regulated militia, not an individual, the right to keep and bear arms, to wit:

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.


But, people cannot understand basic sentence construction and want to give that right to the people as a Constitutional right, which makes it harder for the state to regulate. I totally get that the idea of outlawing arms in 1776 did not exist. But, that does not mean the Const. grants the right in its language. But, the same people who want strict constuction of the Const. to deny the judge made "right to privacy," which does not exist in the Const. and is the basis for Roe, are the same people who want to say the Second Amendment implies the right to bear arms, when it does no such thing. Oh well, what are ya gonna do

But, the gun people are just as ridiculously and blindly rabid as the pro-choicers.
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Last edited by strandinthewind; 12-10-2007 at 11:11 PM..
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