I'm an American who hasn't lived in America, but for the last two years I started reading into the Constitution, and I love the first and the second amendment.
Today I had a fight with my girlfriend, who was saying that hurtful words are not protected by the first amendment, and I was sure as hell they were. So I looked it up and it says pic related. I'm no lawyer and this lawyer talk is really confusing me. I understand a call to action is not protected by freedom of speech, but this seems like swearing and such is not protected by the first Amendment. law.cornell.edu/wex/obscenity
Could anyone explain this to me? What constitutes as freedom of speech?
e.g. telling someone "they should go kill themselves" e.g. "hope you get raped" e.g. "you're mentally retarded"
Give me examples of stuff that is not protected by the First Amendment, please. Any lawfags here?
And for Brits, could you tell me what constitutes as freedom of speech in the UK? Thanks!
Lawboy here, there are some limitations to freedom of speech. The big example is that you can't yell "fire" in a crowded theatre because that directly endangers people's lives since you caused a panic. Other than that you can say what you want per the strictures of your moral parameters.
James Cruz
Obscenity isn't about insulting people. Its about porn and cp and that kind if stuff
When it comes to speech, the standard is "fighting words" meaning to "inflict injury or tend to incite an immediate breach of the peace"
Immediate is an important word. Like yelling fire in a movie theater or inciting a riot
Speech is protected as long as it doesn't lead to imminent lawless action.
An example of this would be posting on Faceberg that you want someone dead and are willing to pay $10,000 to anyone who kills them. You would be charged with conspiracy to solicitate murder.
Sebastian Long
The Miller test and "Obscenity" isn't about words. It's about porn, or more specifically the difference between porn and artwork that contains sex acts.
Ryan Hernandez
I understand that that is a call to immediate action. What my girlfriend was arguing was that she read some post by some girl who was saying that saying e.g. "oh Im all out of ice cream, I should kill myself, life is sad" and for that chick, apparently, her brother killed himself, so it is offensive to her. I was arguing that even though it is offensive and disrespectful, I have every right to say whatever I want. Is that correct?
Nicholas Williams
Pretty much the only limit is if you commit an "overt act" with something you said can you. W charged with conspiracy. Example:
I'm going to kill Bill by shooting him in the face with a pistol, and then you buy a gun, you could be charged with conspiracy. That is in the most broad terms possible, and probably wouldn't hold up in court.
If you said I wanted to kill Bill, bought a gun, mapped out his schedule, and drew a map of his house, you could be charged with conspiracy to commit murder and probably could get convicted.
Goes a lot by a case by case basis and depends on the jury. But you can be charged as long as there is an "overt act" lining up with your threats.
Jaxon Lopez
But what if I was in a university college campus, and for example, I say "we should rise up and kill all blacks/whites/whatever"
Is that also protected by the first amendment?
Also, for the example that you mentioned. If I remove the "I will play bla bla", can I still say on facebook or any other platform, that I want X dead?
Thanks for the link!
Aiden Turner
Yes. You can say what you want. You're only bound by professionalism and civility. They can't arrest you for that.
