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  #1 (permalink)  
Old 07-13-2007
Slon Slon is offline
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Some states seek to ban anti-war speech

Quote:
PHOENIX -- State lawmakers voted Monday to enact new laws designed to stop the sale of anti-war T-shirts with the names of dead soldiers -- a measure a veteran media lawyer says is "unconstitutional about three or four different ways."
Lawmakers seek to stop anti-war T-shirts from naming dead soldiers | www.azstarnet.com ®

I think this is pretty self-explanatory. Obviously a major violation of free speech.
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Old 07-13-2007
liberty1776 liberty1776 is offline
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Re: Some states seek to ban anti-war speech

It certainly is a violation of free speech. But, unconstitutional? Hardly. The Constitution (that is, the first Amendment) only says that Congress cannot make laws abridging the freedom of speech.
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Old 07-13-2007
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Re: Some states seek to ban anti-war speech

Yes, Unconstitutional. The Bill of Rights binds all levels of government.

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Old 07-13-2007
liberty1776 liberty1776 is offline
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Re: Some states seek to ban anti-war speech

How does "Congress" mean, "all levels of government."
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Old 07-13-2007
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Re: Some states seek to ban anti-war speech

Quote:
Originally Posted by liberty1776 View Post
It certainly is a violation of free speech. But, unconstitutional? Hardly. The Constitution (that is, the first Amendment) only says that Congress cannot make laws abridging the freedom of speech.
Quote:
Originally Posted by liberty1776 View Post
How does "Congress" mean, "all levels of government."
Since the late 1800's the Supreme Court has held that the 14th Amendment suffices to apply the basic rights of the Constitutions to the states. It's complicated but you can read up on it here: http://en.wikipedia.org/wiki/Fourtee...ividual_rights

Here's a snippet:
Quote:
While it has not been fully implemented, the doctrine of Incorporation has thus been used to ensure, through the unwieldy and unexpected means of the Due Process Clause instead of the Privileges or Immunities Clause, the application of nearly all of the rights explicitly enumerated in the Bill of Rights to the states. As a result, the Fourteenth Amendment not only empowered the federal courts to intervene in this area to enforce the guarantee of due process and the equal protection of the laws, but to import the substantive rights of free speech, freedom of religion, protection from unreasonable searches and cruel and unusual punishment and other limitations on governmental power. At the present, the Supreme Court has held that the Due Process Clause incorporates all of the substantive protections of the First, Fourth, Sixth, and Eighth Amendments and all of the Fifth Amendment other than the requirement that any criminal prosecution must follow a grand jury indictment, but none of the provisions of the Seventh Amendment relating to civil trials. Thus, the Court has also greatly expanded the reach of procedural due process, requiring some sort of hearing before the government may terminate civil service employees, expel a student from public school or cut off a welfare recipient's benefits.
(emphasis added)
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Old 07-13-2007
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Re: Some states seek to ban anti-war speech

your title doesn't quite do it for me....I don’t consider having to ask people to keep the names of dead soldiers off their anti war t shirts a violation of free speech.....if it were my son and I believed he died in vane and agreed I would expect to be asked first, if I didn’t agree same..don’t use my sons name for your own political statement..find your own that do believe so..though I expect that they won’t find very many which is probably why they didn’t ask....

would you feel the same if anti abortion activists used the names of females who had abortions, on anti abortion t shirts?
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  #7 (permalink)  
Old 07-13-2007
Slon Slon is offline
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Re: Some states seek to ban anti-war speech

Quote:
Originally Posted by Imperator View Post
your title doesn't quite do it for me....I don’t consider having to ask people to keep the names of dead soldiers off their anti war t shirts a violation of free speech.....if it were my son and I believed he died in vane and agreed I would expect to be asked first, if I didn’t agree same..
So using the name of someone's relative without permission is not free speech?
Quote:
don’t use my sons name for your own political statement..find your own that do believe so..though I expect that they won’t find very many which is probably why they didn’t ask....

would you feel the same if anti abortion activists used the names of females who had abortions, on anti abortion t shirts?
I would allow it, of course. You don't really make any argument that explains how this isn't speech.
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Old 07-13-2007
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Re: Some states seek to ban anti-war speech

Isnt this a privacy issue?
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Old 07-13-2007
Slon Slon is offline
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Re: Some states seek to ban anti-war speech

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Originally Posted by Beer View Post
Isnt this a privacy issue?
How so? Did the T-shirt makers invade your house to get the name of the soldier? Since when is use of someone's name considered a privacy issue? They are serving in a publicly funded conflict, after all.
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Old 07-13-2007
liberty1776 liberty1776 is offline
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Re: Some states seek to ban anti-war speech

I am not very concerned with the Supreme Courts intrepretation. SCOTUS may say anything that it likes, but this does not make it correct.
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Old 07-14-2007
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Re: Some states seek to ban anti-war speech

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Originally Posted by Imperator View Post
would you feel the same if anti abortion activists used the names of females who had abortions, on anti abortion t shirts?
...Yes.
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Old 07-14-2007
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Re: Some states seek to ban anti-war speech

Quote:
Originally Posted by Imperator View Post
your title doesn't quite do it for me....I don’t consider having to ask people to keep the names of dead soldiers off their anti war t shirts a violation of free speech.....if it were my son and I believed he died in vane and agreed I would expect to be asked first, if I didn’t agree same..don’t use my sons name for your own political statement..find your own that do believe so..though I expect that they won’t find very many which is probably why they didn’t ask....

would you feel the same if anti abortion activists used the names of females who had abortions, on anti abortion t shirts?
I agree.
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Old 07-14-2007
Slon Slon is offline
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Re: Some states seek to ban anti-war speech

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Originally Posted by Mrs. M View Post
I agree.
Why agree with a refuted position?
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Old 07-18-2007
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Re: Some states seek to ban anti-war speech

Quote:
Originally Posted by Slon View Post
How so? Did the T-shirt makers invade your house to get the name of the soldier? Since when is use of someone's name considered a privacy issue? They are serving in a publicly funded conflict, after all.
can I put your name on a shirt and make a profit off it?
wouldnt you be calling a lawyer?
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Old 07-18-2007
Slon Slon is offline
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Re: Some states seek to ban anti-war speech

Quote:
Originally Posted by Beer View Post
can I put your name on a shirt and make a profit off it?
wouldnt you be calling a lawyer?
No, I wouldn't be calling a lawyer. Why in the hell would you assume I would be?
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