Is sexual harassment protected by the First Amendment.
>Hey, baby, those sure are some sweet titties you got there. Can I suck them for a little while?
How is this not free expression protected by the First Amendment?
Or is sexual harassment in the same category as hate speech, and so it's not free speech?
Personally I think sexual harassment is protected by the First Amendment, and all these complaints about it are just more attempts to restrict our rights as Americans.
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1st amd: Hey, baby, those sure are some sweet titties you got there.
Harrassment: Can I suck them for a little while?
learn the difference
...
Why is it harassment? It's not a threat. It's simply a question.
Harassment is defined as "unwanted", meaning that she has told you to fuck off and you persist
or
"obscene", meaning patently offensive sexual conduct
Also keep in mind that these standards are flux determined upon societal norms and vary from state to state.
The first amendment does not protect against obscenity.
>defined as "unwanted
So the 1st Amendment doesn't protected unwanted speech? That seems like it could be a really large category.
Unwanted sexual advances.
What if she's playing hard to get?
That seems like a violation of men's freedom of expression.
Then you're playing a dangerous game by pursuing a woman who has already turned your advances down.
It falls under the legal umbrella of discrimination, so yeah. Unless you can successfully argue that discrimination is free expression in our society, you're not going to get far with that defense.
Individuals are free to discriminate in who they talk to. If I say hi to one person on the street, I am not legally required to say hi equally to everyone, and people can freely choose who they say hi to and who they don't, and that is definitely discrimination, all protected by the First Amendment.
that isnt sexual harassment. doing it over and over all the time is harassment. dont be brainwashed by the neurotic.
A layman's interpretation, which is wrong when it comes to law. read the civil rights act of 1964.
I'm telling you the letter and spirit of the law. Not my opinion.
The First Amendment doesn't say Congress can pass no law restricting freedom of speech, unless the guy has said something X number of times, and then they can.
op are you the kind of fuckwad who asked why you weren't allowed to swear in school?
By that logic, women can't discriminate in who they have sex with.
You have a fundamental misunderstanding of legal discrimination. Again, read the civil rights act of 1964. There are mountain of case law on it.
Dress like a slut, get treated like a slut
It doesn't apply to individual interactions. You are free to discriminate in who you say hi to, who you whistle at, who you make sexual comments to, who you have sex with, who you are friends with, who you let in your house. Only if you are a business open to the public can you not discriminate.
Though actually the Civil Rights Act itself violates the First Amendment, and I hope Trump appoints Supreme Court judges who overturn it.
>It doesn't apply to individual interactions.
That's where you're wrong, kiddo.
Only applies to businesses engaged as public entities.
The Charlottesville rally, for example, was 100% protected by free speech. As it was individuals and/or an assembly not engaged as a public entity, expressing their speech.
Do you even read your own links?
"Plaintiffs with hostile environment-styled claims must prove that the challenged conduct was severe or pervasive, created a hostile or abusive working environment, was unwelcome, and was based on the plaintiff’s gender"
If a coworker says to another coworker "hey baby your titties are fine" you'd be laughed out of court as the claim wasn't severe. It matters more if the defendant is in a position of power, but so long as it isn't severe, the court literally couldn't care less.
Furthermore the very case you mentioned was the plaintiff v. the corporation, not an individual.
Yes, a corporation can and will fire you for this kind of thing to just make sure they won't get in trouble. But legally there is no recourse towards the individual if you were to do these things even in the workplace. Sexual harassment is free speech. Deal. With. It.