SilverBear
Well-Known Member
like all rights free speech comes with limitations. Slander, incitement of violence, yelling fire in a crowded theater to just name a few.The fact is that here in America what you're describing is protected free speech. Anyone can stand on the sidewalk and say whatever they want, handout pamphlets etc. The only thing that may legitimately run afoul of the law is the blowhorn and then only if there is a noise ordinance which would prohibit amplified noise and speech.
But again free speech is protected as rightly so but free speech doesn't protect people of the consequences of what they say.
the same Constitution also protects people on the receiving end of hate speech.Otherwise, if someone wants to stand on the sidewalk and criticize people they are free to. They're even free to walk very close to the line of inciting violence pursuant to Brandenburg v Ohio 395 US 444 89 S. Ct. 1827; 23 L.Ed.2d 430 (1969). Likewise, in Cohen v California 403 US 15; 91 S. Ct. 1780; 29 L.Ed.2d 284 (1971) even if someone is swearing that speech is protected. In Cohen the defendant wore a jacket or tshirt that said "F*** the draft" and was charged under an obscenity law. The Supreme Court ruled this was unconstitutional pursuant to the first amendment. (For the record I only included the obsenity because it was germaine to the Supreme Court case)
Point being, we don't have hate speech laws in this country because hate speech is protected by the first amendment. I dare say we don't want such laws either because the term hate is incredibly subjective. We shouldn't want the state determining what speech is hate and therefore banned and what speech is not hate and therefore allowed.
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