Thursday, September 13, 2012

FREE SPEECH AND GOOD JUDGEMENT

To many, free speech means you can say what you want.  This is not entirely true.  You may not defame someone;s character or be sued.  You may not yell, "Fire" in a movie house for fear that a stampede will kill people as it has in the past.  We saw 'free speech' when a teen girl was bullied to the point that she chose her own death rather than continue the torture.  All these examples show that the right to free speech comes with a caveat.  Use it to express yourself freely, not as a tool to cause pain, defamation, or lies and destruction.The Republicans seem to have missed the part about lying.

The Constitution offers:  The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.
 It further states: Incitement
The Supreme Court has held that "advocacy of the use of force" is unprotected when it is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action".[1][2] In Brandenburg v. Ohio (1969), the Court struck down a criminal conviction of a Ku Klux Klan group for "advocating ... violence ... as a means of accomplishing political reform" because their statements at a rally did not express an immediate, or imminent intent to do violence.[3] This rule amended a previous decision of the Court, in Schenck v. United States (1919), which simply decided that a "clear and present danger" could justify a congressional rule limiting speech. The primary distinction is that the latter test does not criminalize "mere advocacy".[4]

It refers to speech critical of the government and there is much more no commonly known to the public.  As there is no free lunch, there is not totally free speech.  You are free to express opinions, clearly labeled as your own.   The most important factor in the right to our free speech is to use good judgement.  This is what Romney lacks.  He proved that once again this week as he did when he thought it would be best to let GM go bankrupt. 

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