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Roberts Court Overturns Yet Another Precedent in Favor of Corporate Campaign Cash

Discussion in 'BBS Hangout: Debate & Discussion' started by SamFisher, Jan 21, 2010.

  1. SamFisher

    SamFisher Member

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    You're right - corporations are not recognized under the constitution as being on the level of a US citizen. This is why your argument is failing badly.

    Oh man, here we go again....speech, even political speech, is not, and has never, been absolutely protected under the constitution. Certain restrictions have always been tolerated. There's a number of posts about that earlier in the thread. Why don't you read it to figure it out.
     
  2. SamFisher

    SamFisher Member

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    All right, hypo time. Let's say Osama bin Laden buys an infomercial on NBC, says that the USA sucks, urges the overthrow of the US government, and shows himself desecrating a flag and gloating and taunting about 9/11.

    Pretty clearly political speech.

    Can this be regulated? Under your theory it cannot be. In fact, it would be illegal and immoral to try to outlaw this broadcast.
     
  3. basso

    basso Member
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    but code pink could do the same thing?
     
  4. Commodore

    Commodore Member

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    It would be immoral for NBC to air such an infomercial, but it would be their right.

    Words are nothing to fear.
     
  5. SamFisher

    SamFisher Member

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    Wow so you are saying that the first amendment extends to basically anybody who wants to say anything remotely political about the US....no matter, who or what, when or where?

    Even non-US citizens, foreign states, and others, no matter how possibly detrimental? So during WWII, Hitler could have purchased an advertisement in the Chicago Tribune, saying vote for FDR's opponent in hopes that FDR's opponent would not declare war on Germany?

    That is an incredibly incredibly incredibly broad definition which has never been applied in reality.
     
  6. Commodore

    Commodore Member

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    Whatever restictions have been tolerated are unconstitutional. Segregation was tolerated until it was deemed unconstitutional.

    "Congress shall make no law abridging the freedom of speech."

    Help me figure out how any restriction on political speech is compliant with that statement.
     
  7. SamFisher

    SamFisher Member

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    Sigh - this is what i was afraid of. Our jurisprudence has 100's of years of regulation of speech in various forms. TIme place & Manner restrictions etc. Why don't you read up on it rather than forcing me to explain it to you. Then come back.
     
  8. Commodore

    Commodore Member

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    Well Hitler wouldn't have that right, he is not protected by the US constitution, but an American airing Hitler's words would.

    You seem to think that you can come up with speech that is objectionable enough to warrant censorship, but the whole point of the 1st Amendment is that all speech, no matter how objectionable, is protected.
     
  9. SamFisher

    SamFisher Member

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    Wait - so you are saying that freedom of speech depends on the speaker?
     
  10. Major

    Major Member

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    So you believe that if a person starts screaming about bombs while on an airplane, there should be no legal penalty at all, right? Or if a person makes a threat against a President (or any other government official)?
     
  11. Commodore

    Commodore Member

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    I'm saying whether that right is protected depends on the speaker.

    We are under no obligation as Americans to protect Hitler's free speech rights, but he does have them, as all humans do by virtue of their existence.
     
  12. Commodore

    Commodore Member

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    I think you can be responsible for the effects of your speech, but not the speech itself.

    Yelling fire in my shower or in a theater is the same speech, but the effects are different. The crime would be causing a disturbance, not the means used to achieve it.
     
  13. SamFisher

    SamFisher Member

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    Well, now that you've conceded that political speech is not protected in certain cases, due to the nature of the speaker, I think we're done here.

    I think a legal fiction created by state law for the purpose of enforcing contracts is of a different nature of speaker than a regular human being.

    Actually, I don't just think this is, I know this, because it's simply true, and can't be denied.

    That's why they aren't allowed to vote, or hold office, or marry, or get a driver's license, etc etc etc.
     
  14. Major

    Major Member

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    What is currently criminalized, however, is the speech. If I yell about a bomb in an airport, I am in trouble no matter whether it actually causes a disturbance or not. Do you think that's wrong?

    Similarly, I'm in far more trouble if I am yelling and screaming about a bomb as opposed to if I'm yelling and screaming about a ghost - even if the disturbance caused is the same. Do you think the penalty should be the same?
     
  15. Shovel Face

    Shovel Face Member

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    Liberal public radio already airs those programs, saving bin
    laden some money.
     
  16. Commodore

    Commodore Member

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    That's what we have judges and juries for, to make those kinds of judgements. Was there intent to cause a disturbance, how significant was the disturbance, all would be considered when deciding guilt and punishment.

    But it's a huge leap to use that type of situation to justify censoring political speech.
     
  17. basso

    basso Member
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    as Shovel's linked article states, government may not require the surrender of constitutional rights in exchange for state-furnished benefits.
     
  18. Major

    Major Member

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    But your argument is that the right to free speech is absolute and with no conditions at all. If so, then it's not a huge leap at all - political speech would be no different than any other type of speech. So if I yell about a bomb in an airport but it doesn't cause any real damage, should it be protected just like any other speech?
     
  19. SamFisher

    SamFisher Member

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    And please explain this further - I'm very interested to see "who" is surrendering rights when a state gives a certificate of incorporation. By definition of course, it's very difficult for something that never existed previously to "surrender" anything. And that's just the tip of the iceberg.
     
  20. B-Bob

    B-Bob "94-year-old self-described dreamer"
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    The terrorists of logic, practicality and democracy have won if you let this decision's discussion live in the realm of "free speech."

    Again, someone please tell me why corporations, including multi-national corporations, won't spend at least a fraction of 1% of their profits to swamp existing funding and totally transform the political and policy landscape of the US.

    So far, we've heard that shareholders would oppose this, but: (1) we established most shareholders have no voice in corporate governance, and (2) the largest share-holders, if they have any greed combined with intelligence, will be begging their executives to pursue political funding post haste.
     

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