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Old 01-25-2013, 07:58 AM
 
571 posts, read 791,430 times
Reputation: 596

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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


So why am I not allowed threaten someone with violence, defame someone, scream fire in a crowded theatre? Heck, I can't even say certain words on the radio?


Why aren't the gun folks so upset over this?
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Old 01-25-2013, 08:08 AM
 
3,004 posts, read 5,153,483 times
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1st amendment applies to government, not personal life. You can't defame someone and expect them not to sue you for it, the same with threatening someone. 1st amendment just doesn't apply there. You can walk into your bosses office call him/her everything under the sun and expect to hide behind the 1st amendment in a court of law.
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Old 01-25-2013, 08:10 AM
 
Location: Tyler, TX
23,861 posts, read 24,125,811 times
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Unless it's a federal employee, threatening someone is a crime at the state level, not federal. Take it up with your governor.

Defamation is a civil offense, not criminal. Learn the difference.

Screaming fire in a crowded theater is inherently dangerous. It's more likely than not that someone will be hurt as a direct result of that action.

You can't say certain words on the radio because the airwaves are owned by the public, and managed by the people they elected to represent them. Through their representatives, the people have decided that they don't want certain words used on the airwaves which they own. You don't have to like it, or even agree with it (I don't), but that's the logic.

As for me buying an AK-47 and a 75 round drum magazine, that action does not harm anybody, is not inherently dangerous and I'm not threatening anybody by doing it.

/thread
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Old 01-25-2013, 08:11 AM
 
571 posts, read 791,430 times
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Quote:
Originally Posted by msamhunter View Post
You can walk into your bosses office call him/her everything under the sun and expect to hide behind the 1st amendment in a court of law.
You can say that you're going to kill him?
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Old 01-25-2013, 08:11 AM
NCN
 
Location: NC/SC Border Patrol
21,663 posts, read 25,642,454 times
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I have never seen so many people fired for stating an opinion even when they were not at work when they made the statement. I think you are totally right in being concerned. I have been concerned for a while.

The biggest concern to me is when someone states something that is the truth but is not politically correct and gets fired for it or has everybody up in arms for it.

The saying used to be "I don't agree with you but I would fight to the death for you right to say it." When did we start not being supposed to say things. I think it has gone too far.
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Old 01-25-2013, 08:12 AM
 
Location: In your head, rent free
14,888 posts, read 10,043,981 times
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The limitations placed on the 1st amendment are fundamentally different than what many people are proposing for limitations on the 2nd. The limitations on the 1st are specific to the individual and they prevent your freedom of speech from directly harming other people. The restrictions some want to place on the 2nd does nothing but hurt innocent people who have done nothing.

Every time there is a shooting in this country caused by some deranged crazy person the first thing some people want to do is remove rights from people who had nothing to do with it.
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Old 01-25-2013, 08:16 AM
 
Location: In your head, rent free
14,888 posts, read 10,043,981 times
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Quote:
Originally Posted by punkfan39126 View Post
You can say that you're going to kill him?
That would be a direct threat of personal injury to another person. The act of simply owning a firearm isn't a direct threat to anyone, that's the difference. You don't want to limit a person's ability to shoot someone (which is already illegal) you want to limit a person's ability to own a firearm which doesn't threaten anyone.
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Old 01-25-2013, 08:17 AM
 
571 posts, read 791,430 times
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Quote:
Originally Posted by swagger View Post
Unless it's a federal employee, threatening someone is a crime at the state level, not federal. Take it up with your governor.
Well yeah, the state is in charge of the prosecution (of any crime basically), but it's still mandated by the feds that state's enforce these laws.

Quote:
Defamation is a civil offense, not criminal. Learn the difference.
There have been cases of criminal defamation. I can provide some if you like.

Quote:
Screaming fire in a crowded theater is inherently dangerous. It's more likely than not that someone will be hurt as a direct result of that action.
The 1st Amendment never mentions any of that though.

Quote:
You can't say certain words on the radio because the airwaves are owned by the public, and managed by the people they elected to represent them. Through their representatives, the people have decided that they don't want certain words used on the airwaves which they own. You don't have to like it, or even agree with it (I don't), but that's the logic.
The FCC has fined radio stations/tv channels and threatened them with legal action for "obscenity". People have been locked up for "obsecenity" as well.

Quote:
As for me buying an AK-47 and a 75 round drum magazine, that action does not harm anybody, is not inherently dangerous and I'm not threatening anybody by doing it.
Never said it was.

Quote:
/thread
grab a seat
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Old 01-25-2013, 08:19 AM
 
1,137 posts, read 972,735 times
Reputation: 560
Quote:
Originally Posted by NCN View Post
I have never seen so many people fired for stating an opinion even when they were not at work when they made the statement. I think you are totally right in being concerned. I have been concerned for a while.

The biggest concern to me is when someone states something that is the truth but is not politically correct and gets fired for it or has everybody up in arms for it.

The saying used to be "I don't agree with you but I would fight to the death for you right to say it." When did we start not being supposed to say things. I think it has gone too far.
The 1st Amendment only applies to the federal government, and has nothing to do with getting fired for speaking an opinion.

If you are in my house, and say something I dont like, I am perfectly within my rights to kick you out. Same goes for your employer. If you say something at work, and get fired for it, it is your fault and yours alone. Your first amendment rights do not apply to your employer.
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Old 01-25-2013, 08:19 AM
 
Location: Currently I physically reside on the 3rd planet from the sun
2,220 posts, read 1,879,148 times
Reputation: 886
Quote:
Originally Posted by punkfan39126 View Post
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


So why am I not allowed threaten someone with violence, defame someone, scream fire in a crowded theatre? Heck, I can't even say certain words on the radio?


Why aren't the gun folks so upset over this?
Because my rights end where they infringe upon the rights of someone else.
My legally acquired possessions to not infringe upon your rights.
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