#the first ammendment
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whydidisavethistomyphone · 2 years ago
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sojournertales · 1 year ago
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Excerpt from Mr. Justice Brandies' concuring statement in Whitney v. California, concerning free speech.
Starting at Page 274 U. S. 375:
Those who won our independence believed that the final end of the State was to make men free to develop their faculties, and that, in its government, the deliberative forces should prevail over the arbitrary. They valued liberty both as an end, and as a means. They believed liberty to be the secret of happiness, and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that, without free speech and assembly, discussion would be futile; that, with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty, and that this should be a fundamental principle of the American government. [Footnote 2] They recognized the risks to which all human institutions are subject. But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies, and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law -- the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed.
Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. To justify suppression of free speech, there must be reasonable ground to fear that serious evil will result if free speech is practiced. There must be reasonable ground to believe that the danger apprehended is imminent. There must be reasonable ground to believe that the evil to be prevented is a serious one. Every denunciation of existing law tends in some measure to increase the probability that there will be violation of it. [Footnote 3] Condonation of a breach enhances the probability. Expressions of approval add to the probability. Propagation of the criminal state of mind by teaching syndicalism increases it. Advocacy of law-breaking heightens it still further. But even advocacy of violation, however reprehensible morally, is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted on. The wide difference between advocacy and incitement, between preparation and attempt, between assembling and conspiracy, must be borne in mind. In order to support a finding of clear and present danger, it must be shown either that immediate serious violence was to be expected or was advocated, or that the past conduct furnished reason to believe that such advocacy was then contemplated. Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence. Only an emergency can justify repression. Such must be the rule if authority is to be reconciled with freedom. [Footnote 4] Such, in my opinion, is the command of the Constitution. It is therefore always open to Americans to challenge a law abridging free speech and assembly by showing that there was no emergency justifying it.
Moreover, even imminent danger cannot justify resort to prohibition of these functions essential to effective democracy unless the evil apprehended is relatively serious. Prohibition of free speech and assembly is a measure so stringent that it would be inappropriate as the means for averting a relatively trivial harm to society. A police measure may be unconstitutional merely because the remedy, although effective as means of protection, is unduly harsh or oppressive. Thus, a State might, in the exercise of its police power, make any trespass upon the land of another a crime, regardless of the results or of the intent or purpose of the trespasser. It might, also, punish an attempt, a conspiracy, or an incitement to commit the trespass. But it is hardly conceivable that this Court would hold constitutional a statute which punished as a felony the mere voluntary assembly with a society formed to teach that pedestrians had the moral right to cross unenclosed, unposted, wastelands and to advocate their doing so, even if there was imminent danger that advocacy would lead to a trespass. The fact that speech is likely to result in some violence or in destruction of property is not enough to justify its suppression. There must be the probability of serious injury to the State. Among free men, the deterrents ordinarily to be applied to prevent crime are education and punishment for violations of the law, not abridgment of the rights of free speech and assembly.
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falloutnewnobody · 7 months ago
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ik that bathesda is the deadest horse around but at this point but i feel like the absurdity of the fo4 update situation needs to be expressed. like someone at bathesda was like "hm a lot of people are buying and revisiting the games bc of the show. you know what we can do to make them like the game more? release an update that brings back the enclave in the worst written, most contrived way possible where they act so ooc that you may as well have made up a new faction all together! also make sure that it makes the game significantly buggier and breaks almost every mod. you know, since the modding community isnt one of the biggest reasons people play bathesda games. Hell, it's not like mods have been doing a better job at everything this update set out to do for years now without entirely breaking every fo4 mod made ever.
.When should we release it? two days before the launch of one of the most hyped fallout modding projects ever that's been in development for 5 years, making that project cancelled into the void forver. also add Halloween decorations that are admittedly kinda sick,"
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citizenscreen · 1 year ago
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Members of the Committee for the First Amendment to the Constitution, composed of Hollywood actors and other professionals, arrive in Washington, D.C. October 27, 1947 to oppose HUAC hearings on communist influence in Hollywood.
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crippl-hacker · 20 days ago
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Ok you know what? We, as Americans, need to start being patriotic about not being ruled by a king again. I am talking full on disdain, hatred, and dismissal for anything monarchy. If you think we have it bad at least we aren’t the UK with a fucking king where you can get arrested for a blank piece of paper.
We have the goddamned First amendment protecting our right to free speech. We have the right to assembly and to protest.
Monarchies are evil - down with the King and freedom to all!
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chez-cinnamon · 2 years ago
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will fionn ever get himself a love interest? It would be freaking hilarious if he did. I can imagine the puppet shenanigans already.
I like to think he did have a secret boyfriend during his time working at Playfellow, but after the events that lead to Welcome Home's pull from the air and the company's disappearance, they likely broke up and left on a bitter note,,
Fionn seems like the type to be the "bitter ex boyfriend" bgbghbghfd and yeah the puppets would tease the living daylights out of him!
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liberty1776 · 7 months ago
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Congress Criminalizes The New Testament - By Pastor Chuck Baldwin
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lavendorii · 2 years ago
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shoutout to the guy on fox news for arguing trump's indictment is a godless act by the alphabet mafia trying to destroy christian values
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blackbackedjackal · 2 years ago
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SAVE A FOX GET A DOG IS SO FUCKING CLEVER HOLY SHIT... like yeah it's shade but also if someone just saw it out of context it could still make sense. genius idea
❤️❤️❤️
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originalusername3000 · 1 year ago
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The government will make our rights, then they just… DECIDE that they regret the decision and take away our rights.
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antimnemonic · 10 months ago
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and like I've posted about this before and I'll continue to maintain that looking like and being granted the allowances of a young schmuck is ok bc im a loser behind in life, I'll take whatever advantage I can get, but it's still a little weird to be 33 next month and being called mami princesa mi hija etc by randoms and being treated like babby by ppl younger than me, im trying to conceptualize what it's like to be a true adult but i don't think I've ever been treated like a fully cooked grown up ever n it's making me a lil insane
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eruruu · 1 year ago
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rly cool my wordpress articles have been blocked from google search indexing n im actually upset abt it bc they r things important to me
also im kinda anxious cuz i feel like im in trouble?
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kelcipher · 2 years ago
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wren-der · 1 year ago
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“Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces,” U.S. District Judge David Nuffer wrote in a Friday ruling granting the preliminary injunction requested by the group. “The First Amendment of the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression.”
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liberty1776 · 8 months ago
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Child abuse in Hawaii! How is support for the Queer religion legal under not promoting one religion over others under first Ammendment to Constitution. Why is the Queer religion given special treatment?
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Just a lil much-needed queer youth joy - we need to talk about these students and allies in Hawai'i!
Students from Campbell- Kapolei Complex Schools used funding from one of our 50 States 50 Grants to give SO much support to their queer communities.
They bolstered their GSA clubs, held community based education events like a Halloween party and craft day, and even got to attend Honolulu Pride - where Hawai'i-raised Bretman Rock showed up for a surprise visit and marched alongside the students to honor them and their work, having attended the same schools themself growing up!
So proud of these students for recognizing what they need in their own communities.
And lucky for y'all...apps are open for the 3rd season of 50 States, 50 Grants right now through April 1, 2024 - if you're a high schooler or middle schooler in the US/DC/territories and have an idea for how you'd use the funds at your own school, don't miss out on applying: 50states50grants.org
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dissident777 · 13 days ago
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CENSORSHIP ON STEROIDS: TRUTHTELLER ALERT
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