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Suppose that the person yelling "fire!" (in an oldfashioned theater without safety regs and exits) was 19 years old, and a bit of a fool. What if he yelled it in an attempt to get a few laughs, not knowing that pandemonium would result ...... but it resulted in two deaths and 13 serious injuries?
Could he shoot into the theater and claim he didn't know what would happen? No? Argument dismissed.
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In my opinion, that should be prosecutable. He should spend time in jail for it. No, he doesn't have an absolute right to all free speech, even though a literal reading of the Constitution would allow it, nor should anyone any sort of direct threat as well - for example death threats to your kids as they walk home from school. We do need to temper the rights with some common sense, even if erring on the side of literalness as the Supreme Court usually does.
I have never seen a public theater, and the constitution does not give you a right to free speech on private property. I think the kid could be prosecuted and should be... I also don't believe he is exercising "free speech" nor is the crime the free speech, it is fraud. It is lying and creating a dangerous situation.
Free speech doesn't cover crimes such as fraud, libel, slander, etc... because they are crimes SEPARATE from the actual words spoken.
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Yes, that includes common-sense restrictions on the right to bear arms ....... for example, small children should not be given large loaded handguns, inmates in prisons or mental institutions shouldn't be allowed to bear arms, and neither gangs nor private militias should be allowed to all chip in and buy heavy artillery or nuclear weapons - lest we destroy the greatest nation in history, and become a balkanized, third world collection of miserable, poor little dictatorships.
My 10 and 8 yr old cousins own guns, they are trained in firearm safety, they hunt, they understand and respect the tools that were given to them. This paragraph ins all conjecture, there is no proof that if a militia had artillery on stand by (guess what, a lot of them do...) that we would become a third world nation. That is based on economics, not the tools owned by the citizenry.
Maybe that's not how the Founders envisioned it, but the Constitution's intentions must change over time. The Magna Carta wouldn't work in today's society, Marx's Manifesto likely wouldn't work.
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I am not sworn to defend the Magna Carta and certainly not the Communist Maifesto. I am sworn to defend the Constitution against all enemies foreign or domestic, and your ignoring the clear meaning of the 2nd Amendment puts you in the domestic enemy category.
I am not sworn to defend the Magna Carta and certainly not the Communist Maifesto. I am sworn to defend the Constitution against all enemies foreign or domestic, and your ignoring the clear meaning of the 2nd Amendment puts you in the domestic enemy category.
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Originally Posted by Bideshi
ISIS routing the Iraqi military is a stark recent example.
Lets say you are a Tea Partier-Militia member in Texas, Arizona, or California and the Russkies sell you a Buk missile system. Would you be outraged if the gubbermint seized your missiles? Shouldnt they be covered by the 2nd Amendment. Wouldnt you be outraged and the seizure of your missiles?
"gubbermint" ~ you do realize this is an adult discussion forum and not an AOL forum right?
If a leftist could realize anything, they would most likely not be a leftist..
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