this post was submitted on 18 Sep 2024
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politics

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[–] acosmichippo@lemmy.world 240 points 1 month ago* (last edited 1 month ago) (3 children)

"The FBI visited my house today for free speech acts they knew were not crimes."

Uh, calling for violence is NOT protected under the first amendment, so you can fuck right off with that.

"It is well understood that the right of free speech is not absolute at all times and under all circumstances. There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words – those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality."

[–] morphballganon@lemmynsfw.com 76 points 1 month ago (2 children)
[–] someguy3@lemmy.world 19 points 1 month ago (2 children)
[–] ripcord@lemmy.world 15 points 1 month ago (1 children)
[–] emiellr@lemm.ee 1 points 1 month ago

I wouldn't call that speech. That implies some thought went behind it. More like yapping and blabbering.

[–] Telorand@reddthat.com 9 points 1 month ago

They certainly won't, in any case. Just look at how they talk about the Constitution, history, religion...

For people who seem to consistently break the law, you'd think they would want to know what their rights actually are.

[–] atzanteol@sh.itjust.works 22 points 1 month ago (1 children)

In Terminiello v. Chicago (1949), the Supreme Court narrowed the scope of what constitutes fighting words. The Court found that words which produce a clear and present danger are unprotected (and are considering fighting words), but words which invite dispute and even cause unrest are protected (and are not considered fighting words).

[–] acosmichippo@lemmy.world 23 points 1 month ago* (last edited 1 month ago) (3 children)

sure, but this guy is not even being charged with anything. we are talking about a warning.

[–] UnderpantsWeevil@lemmy.world 11 points 1 month ago

this guy is not even being charged with anything

He feels threatened, though. That violates his NAP.

If these were black kids playing across the street rather than armed FBI agents pounding on his door, he likely would have tried to gun them down already.

[–] Randomgal@lemmy.ca 6 points 1 month ago (1 children)

I mean if Trump's speech for Jan 6 didn't count...

[–] OlinOfTheHillPeople@lemmy.world 4 points 1 month ago

Trump was actually arrested for that though.

Although it was for more than just the speech.

[–] atzanteol@sh.itjust.works 2 points 1 month ago (1 children)

Nor should he be. What he said was most likely "protected" speech.

[–] acosmichippo@lemmy.world 7 points 1 month ago

but very close to not being protected, hence the warning.

[–] Danquebec@sh.itjust.works 2 points 1 month ago (1 children)

Wait. This means that art with lewd, obscene, or profane content is not protected?

[–] dual_sport_dork@lemmy.world 1 points 1 month ago

And exactly what is "lewd, obscene, or profane" is not actually defined in the law.

Surely that's never been abused in the past. No, sir.