Saturday, November 7, 2020

Freedom of Speech

 It doesn't mean you can say anything you want.



I can remember mom saying, "keep a civil tongue in your head," and " Is it too much to ask you think before you speak?"

It's in the bible too. This is from Proverbs 16:23 The hearts of the wise make their mouths prudent,and their lips promote instruction.  27 A scoundrel plots evil,and on their lips it is like a scorching fire.

Steve Brannon may have stepped over the line.

From multiple sources...Twitter permanently suspended an account belonging to former White House chief strategist Steve Bannon after he suggested Thursday morning that Dr. Anthony Fauci and FBI Director Christopher Wray should be beheaded. His comments were made in a video posted to his Facebook, YouTube, and Twitter accounts. 

 Is it a freedom of speech issue? Not if it puts individuals in imminent danger.

So...here are the exceptions. Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial speech such as advertising.

Along with communicative restrictions, less protection is afforded for uninhibited speech when the government acts as subsidizer or speaker, is an employer, controls education, or regulates the mailairwaveslegal bar, military, prisons, and immigration.  Wikipedia

Are we allowed to say anything we want on line without regard to the consequences. Are the platforms we use liable for the content we provide? According to talksonlaw.com, But guess what? Facebook, Twitter, the other social media platforms are not the government. They are private sector entities, and therefore, they have no First Amendment obligation to protect your freedom of speech. To the contrary, they have their own First Amendment rights—their media right. 

Should freedom of speech be limited on social media? 

(a) It is the policy of the United States that large online platforms, such as Twitter and Facebook, as the critical means of promoting the free flow of speech and ideas today, should not restrict protected speech.May 28, 2020 -whitehouse.gov
What speech is not protected? Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial ...advertising. 
It seems Bannon crossed that line. Subsequently, his lawyer quit.

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