Edited title to add “Candid”

  • yamanii@lemmy.world
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    2 months ago

    They said their speech, and got the consequence of being jailed for it, exactly what the comment I responded to said, my point is that freedom of speech doesn’t actually exist.

    • remotelove@lemmy.ca
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      2 months ago

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

      18 U.S.C. § 242: Makes it a crime to willfully deprive someone of a right or privilege protected by the Constitution or laws of the United States

      Ok, that is a ton of reading. However, the point of this is to actually define what freedom of speech actually is.

      You are free to tell your employer to fuck off and pound sand, but you will get fired. That is a consequence of words. The government won’t step in if you weren’t threatening anyone. You and your employer have specific rights in that regard.

      In the US, you can go on the news and call anyone in the government stupid and they can’t do their jobs or that one party is incompetent. You might lose or gain friends from that, which is still a consequence.

      Also in the US, if you directly threaten a person with physical harm and if intent of action can be shown, you are going to be arrested. Your words have now become an infringement on the rights of someone else.

      I am just clarifying things, s’all.

      Having a mouth and being able to speak words is a thing. You are “free to say words” and nobody can legally sew your mouth shut and make you incapable of talking.

      When those words become a threat, someone else must now have their rights protected. This is mostly where the limitations on “Freedom of Speech” come from.

      I am pulling this conversation back a hair to define what we are talking about as it’s easy to mix terms on social media.

      • Rob T Firefly@lemmy.world
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        2 months ago

        When those words become a threat, someone else must now have their rights protected. This is mostly where the limitations on “Freedom of Speech” come from.

        A good expression I’ve heard along these lines is “your freedom to swing your fist ends where my nose begins.”