Justice Thomas and others seem to believe the Second Amendment reads "The people have no right to regulate a militia of one person".
Do they also believe that that one person has a right to fire into a crowded theater? The Supreme Court long ago limited free speech by stating that a person cannot yell "Fire" in a crowded theater.
If someone were to claim that Justice Thomas was getting paid one million dollars a year from the arms industry, wouldn't Justice Thomas be justified in suing to limit that persons right to free speech?
On the other hand, Justice Thomas should get an honorarium from the Federalist Society to cover travel expenses.
https://www.nytimes.com/2019/01/03/opinion/guns-second-amendment-supreme-court.html?action=click&module=Opinion&pgtype=Homepage#commentsContainer, Linda Greenhouse
Showing posts with label libel. Show all posts
Showing posts with label libel. Show all posts
Friday, January 04, 2019
Monday, May 28, 2012
Freedom of anonymous speech?
I was inspired to write the following by "How I Became Stephen Colbert's Lawyer -- And Joined the Fight to Rescue Our Democracy from Citizens United", Trevor Potter, 2012-05-23, speech at the Annual Meeting of th American Law Institute.
I wonder what the writers of Bill of Rights would think of the Supreme Court interpreting the first amendment as "freedom of anonymous speech". Speech is meant to be heard. If it is heard, those hearing it know who said it.
Second, if someone started a whisper campaign that disparaged you or your business and you found out who and were able to afford the right lawyer, wouldn't you probably win a defamation case?
If you started a campaign making false (or even damagingly true) accusations against a large corporation, wouldn't its lawyers be doing their best to get you into court?
So, why do large corporations or wealthy donors get to make scurrilous, misleading statements without identifying themselves or being held accountable for libel?
Oh, I forgot. Although corporations are people, they are super-people who are above the law.
I wonder what the writers of Bill of Rights would think of the Supreme Court interpreting the first amendment as "freedom of anonymous speech". Speech is meant to be heard. If it is heard, those hearing it know who said it.
Second, if someone started a whisper campaign that disparaged you or your business and you found out who and were able to afford the right lawyer, wouldn't you probably win a defamation case?
If you started a campaign making false (or even damagingly true) accusations against a large corporation, wouldn't its lawyers be doing their best to get you into court?
So, why do large corporations or wealthy donors get to make scurrilous, misleading statements without identifying themselves or being held accountable for libel?
Oh, I forgot. Although corporations are people, they are super-people who are above the law.
Thursday, June 03, 2010
On freedom of the speech: Do I have a better memory than the Internet?
The Huffington Post reported that a newspaper was told by a court that it must reveal the name of an anonymous contributor to the comment section of an online story. The plaintiffs in the case complained that the comment was libelous. See "Illinois Newspaper Forced To Disclose Names of Anonymous Commenters", Huffington Post, 2010-06-03.
This made me think of a quote that I remember as this: "The antidote to too much freedom of speech (or the press) is more freedom of speech (or the press)." I thought Winston Churchill made it. I can't find it in Bartlett's Quotations, George Seldes' "Famous Quotations", in Wikiquotes, or with a Google Search.
I did find a whole bunch of interesting quotes relating to freedom of speech and of the press under Censorship in Wikiquotes. Two that seem to fit the above case are:
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin, Historical Review of Pennsylvania (1759)
"Our liberty depends on the freedom of the press, and that cannot be limited without being lost." - Thomas Jefferson
I did find a good quote by Winston Churchill in the Censorship section:
"You see these dictators on their pedestals, surrounded by the bayonets of their soldiers and the truncheons of their police. Yet in their hearts there is unspoken - unspeakable! - fear. They are afraid of words and thoughts! Words spoken abroad, thoughts stirring at home, all the more powerful because they are forbidden. These terrify them. A little mouse - a little tiny mouse! -of thought appears in the room, and even the mightiest potentates are thrown into panic."
I am sure you can think of quite a few dictators or terrorists who fit this quote today.
This made me think of a quote that I remember as this: "The antidote to too much freedom of speech (or the press) is more freedom of speech (or the press)." I thought Winston Churchill made it. I can't find it in Bartlett's Quotations, George Seldes' "Famous Quotations", in Wikiquotes, or with a Google Search.
I did find a whole bunch of interesting quotes relating to freedom of speech and of the press under Censorship in Wikiquotes. Two that seem to fit the above case are:
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin, Historical Review of Pennsylvania (1759)
"Our liberty depends on the freedom of the press, and that cannot be limited without being lost." - Thomas Jefferson
I did find a good quote by Winston Churchill in the Censorship section:
"You see these dictators on their pedestals, surrounded by the bayonets of their soldiers and the truncheons of their police. Yet in their hearts there is unspoken - unspeakable! - fear. They are afraid of words and thoughts! Words spoken abroad, thoughts stirring at home, all the more powerful because they are forbidden. These terrify them. A little mouse - a little tiny mouse! -of thought appears in the room, and even the mightiest potentates are thrown into panic."
I am sure you can think of quite a few dictators or terrorists who fit this quote today.
Subscribe to:
Posts (Atom)