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The First Amendment

 
 
Reply Mon 6 Feb, 2006 09:33 pm
http://www.law.cornell.edu/wex/index.php/First_amendment

First Amendment Rights have been brought up recently by the arrest and removal of 2 women at the SOTU address. The above link is where I found an overview of the First Amendment to explain my view of why I thought they were wrong in using the writing on the shirts as a reason to be removed.

The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicates a message.

The case of Cohen v. California - 1971, was similar to this in that it dealt with the writing on a jacket in public.

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/cohen.html

The ruling :

It is, in sum, our judgment that, absent a more particularized and compelling reason for its actions, the State may not, consistently with the First and Fourteenth Amendments, make the simple public display here involved of this single four-letter expletive a criminal offense. Because that is the only arguably sustainable rationale for the conviction here at issue, the judgment below must be

Reversed.

I'd say that Cindy Sheehan has a good case.
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Brent cv
 
  1  
Reply Mon 6 Feb, 2006 10:41 pm
@tumbleweed cv,
If Cindy has a good case so does the Republican that was asked to leave as well.

Cindy is just an attention whore
tumbleweed cv
 
  1  
Reply Tue 7 Feb, 2006 11:46 am
@Brent cv,
Brent wrote:
If Cindy has a good case so does the Republican that was asked to leave as well.

Cindy is just an attention whore


Attention whore? haha.Thats a good one.Very Happy . I agree. I don't believe in anything she stands for personally. It's our rights that I'm concerned with.
With the Supreme Court being stacked with Conservatives, most recently Roberts and Alito, it's bacic rights such as freedom of expression that may be infringed upon that worries me. I was using Cindys case as an example.

Cindys actions seem at the least unpatriotic, and could be seen as collaborating with the enemy, as she has spoken openly on Venezuela radio talk programs, blasting our country and it's leaders. I'm no Bush fan, but I disagree with her form of protest. Chavez even commented that she should run for president in an interview they did together on the air.:confused:
Brent cv
 
  1  
Reply Tue 7 Feb, 2006 03:25 pm
@tumbleweed cv,
tumbleweed wrote:
Attention whore? haha.Thats a good one.Very Happy . I agree. I don't believe in anything she stands for personally. It's our rights that I'm concerned with.
With the Supreme Court being stacked with Conservatives, most recently Roberts and Alito, it's bacic rights such as freedom of expression that may be infringed upon that worries me. I was using Cindys case as an example.

Cindys actions seem at the least unpatriotic, and could be seen as collaborating with the enemy, as she has spoken openly on Venezuela radio talk programs, blasting our country and it's leaders. I'm no Bush fan, but I disagree with her form of protest. Chavez even commented that she should run for president in an interview they did together on the air.:confused:

I agree with you completely on Sheehans motives and on the stacking of Ultra Conservatives.
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Drnaline
 
  1  
Reply Tue 7 Feb, 2006 09:13 pm
@tumbleweed cv,
If the leading dems could not prove they were ultra conservative, i would expect neither could any of us. Strict constructionists maybe. But that is how the Constitution was intended to be interprited. It is not living. It is writen on a dead tree parts.

If Cindy was in the least unpatriotic what would the worst be? Treason punishable by death?
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