@Silverchild79,
Silverchild79;44000 wrote:they're protected as in you have the right to say it, but you also have the right to sue somebody for slander. It's the difference between Criminal and Civil acts and that's constitutional. There shouldn't be any laws passed preventing them from speaking, but neither does the 1st amendment protect them from civil action if they slander somebody. Specifically it says "Congress shall pass no law" it says nothing to the effect of "Slander must be free of civil recourse"
In order for a lawsuit to be legally valid a tort must have been committed. "Tort" is defined as "a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation. "
In the common law system alone, you're right, slander would be a civil wrong and thus be considered a tort, but we live under a constitutional common law system in which judicial action is restrained by formal boundaries. I was wrong when I said SCOTUS was against me here, as in 1974 in Gertz v. Robert Welch Inc., SCOTUS found that negative opinions could not be considered libel, only falsified facts. Since slander is the spoken version of libel, we can conclude that the OPINIONS of the demonstrators, while demented, are not slander, and therefore, no tort exists. They claim that God hates America and is punishing us for our sins with the Iraq war, and they also hate gays. These are OPINIONS. Had they said, "Soldier X used to eat puppies, hiissssss", then there'd be a case, but they didn't.
This case was decided based on emotions rather than legal reasoning, and will almost certainly be appealed and overturned. Freedom of expression is non-negotiable in a free society, especially when the opinions being expressed are unpopular.