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View Diary: WBC: Yes they are going to Sandy Hook (254 comments)

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  •  A lot more of us value the first amendment (1+ / 0-)
    Recommended by:
    Clytemnestra

    than you think.

    •  Re: The false value of taking a hard line (1+ / 0-)
      Recommended by:
      ChurchofBruce

      It's what we fight against in promoting common-sense gun regulation.

      The NRA is looking for a way to stand strong, yet again, for shooters' rights.

      I see hanging ten with Westboro to be less deadly, but no less constructive.

    •  The first amendment regulates expressive speech. (1+ / 0-)
      Recommended by:
      lazybum

      Which is how, say, fraud, misrepresentation, various forms of impersonation for ill motive, and shouting fire in a crowded theatre can be prohibited.

      There's an interesting academic argument that what WBC does is not expressive speech but instead simple provocation.  I'd be kind of curious to see that argument tested in court, we may get somewhere with it.  Of course, there's always downsides - what are the ramifications of a Supreme Court ruling that held that speech designed to elicit an illegal or tortious response is not necessarily expressive (and thus under the 1a umbrella)?  I don't have a good answer for that one.

      "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

      by auron renouille on Sat Dec 15, 2012 at 06:16:51 PM PST

      [ Parent ]

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