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Pener Kropoopkin
Jan 30, 2013

by Jeffrey of YOSPOS

(and can't post for 19 days!)

LGD posted:

I am constantly baffled by how little people who are interested in politics actually know about the history of 1A jurisprudence

like leftists going "oh no, how can the ACLU possibly stand to defend the Klan?" without understanding that there was a literal 50 year effort to get from Schenck to Brandenburg (with plenty of pro-Communist pit stops like Yates v. United States along the way), and turning back the clock on content restrictions "just a little" means people probably start getting poo poo on by the GOP-congress' update to the Smith Act immediately.

Schenck is still considered the law of the land, and wasn't meaningfully overturned by Brandenburg. You can, for instance, still be prosecuted for providing material support to organizations deemed "terrorist" by the US government. Declaring any white nationalist or Nazi organization to be a terrorist group would effectively make them illegal.

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ate shit on live tv
Feb 15, 2004

by Azathoth

Pener Kropoopkin posted:

How can you rewrite it while remaining compliant with Citizens United?

Would repealing the BRCA then replacing it with something else basically make the Citizens United ruling moot?

Typo
Aug 19, 2009

Chernigov Military Aviation Lyceum
The Fighting Slowpokes

ate poo poo on live tv posted:

Temporal/Locational restrictions on speech are fine imo. For example you if you want to show up to a movie theater with a soap box and start ranting about the jews that control hollywood, you can be kicked out without having your rights infringed. However if the theater allowed people to do that, but then banned you when you started talking about Single-Payer Healthcare, that would certainly be a restriction on free speech.

My number one thing isn't 100% free speech at all times and places. My thing is just making sure that the Specific Content of the speech isn't the reason for the restriction.

Banning all political speech a few days before an election? Reasonable. Banning only Pro-hitler speech a few days before the election? Not reasonable.
Movie theater are private property though and can ban whatever the gently caress speech they want.

Banning the Hollywood is Jew Hollywood guy on sidewalk outside of theaters would be different ball game

ate shit on live tv
Feb 15, 2004

by Azathoth

Typo posted:

Movie theater are private property though and can ban whatever the gently caress speech they want.

Banning the Hollywood is Jew Hollywood guy on sidewalk outside of theaters would be different ball game

Currently yes, but I'm speaking "ideally." Though even with movie theater's they should probably be allowed to restrict speech within their establishment. However for something like a public park, or university, that would be different.

Pener Kropoopkin
Jan 30, 2013

by Jeffrey of YOSPOS

(and can't post for 19 days!)

ate poo poo on live tv posted:

Would repealing the BRCA then replacing it with something else basically make the Citizens United ruling moot?

Don't know.

LGD
Sep 25, 2004

Pener Kropoopkin posted:

Schenck is still considered the law of the land, and wasn't meaningfully overturned by Brandenburg. You can, for instance, still be prosecuted for providing material support to organizations deemed "terrorist" by the US government. Declaring any white nationalist or Nazi organization to be a terrorist group would effectively make them illegal.

This is just stunning news to me, a huge fan of the PATRIOT Act

loving lol if I'm going to waste my time talking to someone who thinks Brandenburg didn't meaningfully curtail Schenck

ate shit on live tv
Feb 15, 2004

by Azathoth

Well that is the route I would take.

To install Full Communism Now*, I'd just elect Bernie President for life, and also force the Rothchilds to give their immortality serum to him.

*eventually

Elephanthead
Sep 11, 2008


Toilet Rascal
We should end the farce and only let billionaires vote.

ate shit on live tv
Feb 15, 2004

by Azathoth

Elephanthead posted:

We should end the farce and only let billionaires vote.

There is something about genuineness and honesty that I could appreciate about such an arrangement. It would harken back to the days of feudal lords bickering with each other, but this time the peasants are armed...

Pener Kropoopkin
Jan 30, 2013

by Jeffrey of YOSPOS

(and can't post for 19 days!)

LGD posted:

This is just stunning news to me, a huge fan of the PATRIOT Act

loving lol if I'm going to waste my time talking to someone who thinks Brandenburg didn't meaningfully curtail Schenck

so put me on ignore, binch

Schenk is law. the provisions of PATRIOT are upheld by the Supreme Court. you can disagree with it all you like but it's the reality. the United States doesn't adhere to your absolutist position. not even close.

Tokamak
Dec 22, 2004


Thanks Obama

Concerned Citizen
Jul 22, 2007
Ramrod XTreme

Pener Kropoopkin posted:

Schenck is still considered the law of the land, and wasn't meaningfully overturned by Brandenburg. You can, for instance, still be prosecuted for providing material support to organizations deemed "terrorist" by the US government. Declaring any white nationalist or Nazi organization to be a terrorist group would effectively make them illegal.

the material support clause applies to foreign terrorist organizations, so most white supremacist groups couldn't be eliminated this way.

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
american free speech is dumb as hell

Yinlock
Oct 22, 2008

Jose posted:

american free speech is dumb as hell

Pener Kropoopkin
Jan 30, 2013

by Jeffrey of YOSPOS

(and can't post for 19 days!)

Concerned Citizen posted:

the material support clause applies to foreign terrorist organizations, so most white supremacist groups couldn't be eliminated this way.

https://www.law.cornell.edu/uscode/text/18/2339A
https://www.law.cornell.edu/uscode/text/18/2339B

2339A applies to domestic terrorists, and 2339B applies to foreign designated terrorist groups, with the latter having a slightly harsher maximum penalty. It is possible for a domestic terror group to be prosecuted under the clause, but there would have to be A Terror first, and you'd have to demonstrate that the group provided material support for A Terror and that it wasn't just a lone wolf. The Army of God for instance has evaded prosecution because, despite openly endorsing abortion clinic bombings and murders, their members don't inform anybody of their plans to commit terror ahead of time.

The standards for prosecution are much higher than in the case of foreign designated groups, but it's not exactly impossible.

Normie Chomsky
Apr 10, 2008


if america is so capitalist why they give away speech for free

Ruzihm
Aug 11, 2010

Group up and push mid, proletariat!


Humidora posted:

if america is so capitalist why they give away speech for free

I know you're joking but that's why capitalized speech isn't free. the speech of trade secrets, unlicensed information, etc. is tightly controlled by law.

Uncle Wemus
Mar 4, 2004

Does 4chan fight for tumblrs right to free speech?

Raskolnikov38
Mar 3, 2007

We were somewhere around Manila when the drugs began to take hold

Raskolnikov38 posted:

free speech is a bourgeois concept

ate shit on live tv
Feb 15, 2004

by Azathoth

Uncle Wemus posted:

Does 4chan fight for tumblrs right to free speech?

They don't want to shut tumblr down, they just want to laugh at everyone there, so I guess?

the bitcoin of weed
Nov 1, 2014

Uncle Wemus posted:

Does 4chan fight for tumblrs right to free speech?

if you ever find any of them actually doing this instead of cynically reciting that "I don't agree with you but I'll fight for your right to say it" mantra (or far worse, usually), I'd be amazed

Jewel Repetition
Dec 24, 2012

Ask me about Briar Rose and Chicken Chaser.
Thank you for fighting the good fight LGD :patriot:

Relin
Oct 6, 2002

You have been a most worthy adversary, but in every game, there are winners and there are losers. And as you know, in this game, losers get robotizicized!
is there a term for the philosophy where people think social progress is a linear progression, not potentially subject to huge or total reversion

idk if this is the thread to ask this in

got any sevens
Feb 9, 2013

by Cyrano4747

Panzeh posted:

free speech is one of those things people talk about all the time like it's really easy and cut and dry so they just slurp up the ACLU's propaganda and miss the forest for a couple trees

a couple of nazi trees


is freedom free? is giving it away to everyone, no limits, the only way freedom stays pute

Jewel Repetition
Dec 24, 2012

Ask me about Briar Rose and Chicken Chaser.

Relin posted:

is there a term for the philosophy where people think social progress is a linear progression, not potentially subject to huge or total reversion

idk if this is the thread to ask this in

The Dark Enlightenment thinks that, and also wants to bring about the reversion.

rudatron
May 31, 2011

by Fluffdaddy

Relin posted:

is there a term for the philosophy where people think social progress is a linear progression, not potentially subject to huge or total reversion

idk if this is the thread to ask this in
Whig history.

Maybe some versions of Marxism if you're being vulgar about it (ie you're too fatalistic about historical materialism).

Larry Parrish
Jul 9, 2012

by Jeffrey of YOSPOS
I really don't get the public debate about like, if protest permits are legal. If I'm going to a protest, I'm prepared to be arrested. Being arrested because you hold a sign in the wrong place or whatever is just as much a protest as holding the sign in the first place.


But I'm also the type of guy who think laws only exist when the cops are hanging around town so

got any sevens
Feb 9, 2013

by Cyrano4747
the entire idea of a protest permit is ridiculous

Arcteryx Anarchist
Sep 15, 2007

Fun Shoe

Jose posted:

american free speech is dumb as hell

ScrubLeague
Feb 11, 2007

Nap Ghost
Who gives a gently caress about free speech give me that premium speech or give me nothing.

some plague rats
Jun 5, 2012

by Fluffdaddy
I don't give a gently caress about your constitution, I'll say any thing I want and violently suppress the right of others to do so if they're Nazis or w/e

ate shit on live tv
Feb 15, 2004

by Azathoth

Crane Fist posted:

I don't give a gently caress about your constitution, I'll say any thing I want and violently suppress the right of others to do so if they're Nazis or w/e

That's the problem.

Typo
Aug 19, 2009

Chernigov Military Aviation Lyceum
The Fighting Slowpokes

Ruzihm posted:

I know you're joking but that's why capitalized speech isn't free. the speech of trade secrets, unlicensed information, etc. is tightly controlled by law.

commercial speech also has lower level of protection than political speech in general

see laws against false advertising whereas you can't ban fake news

Typo
Aug 19, 2009

Chernigov Military Aviation Lyceum
The Fighting Slowpokes

Relin posted:

is there a term for the philosophy where people think social progress is a linear progression, not potentially subject to huge or total reversion

idk if this is the thread to ask this in

Hegelian dialectic

some plague rats
Jun 5, 2012

by Fluffdaddy

ate poo poo on live tv posted:

That's the problem.

I will also suppress the speech and faces of alt-righters, white supremacists, regular non-explicitly-nazi fascists and anyone else I feel like because I have the courage of my moral convictions and am not stupid enough to worry about accidentally damaging 'the discourse'

Time to wash my bandanas, sew some razor blades into my cap brim and stop people from spreading their ideas for the sake of a better society

some plague rats
Jun 5, 2012

by Fluffdaddy

Relin posted:

is there a term for the philosophy where people think social progress is a linear progression, not potentially subject to huge or total reversion

idk if this is the thread to ask this in

Liberalism

BENGHAZI 2
Oct 13, 2007

by Cyrano4747

Relin posted:

is there a term for the philosophy where people think social progress is a linear progression, not potentially subject to huge or total reversion

idk if this is the thread to ask this in

Fetal alcohol syndrome

maskenfreiheit
Dec 30, 2004

BENGHAZI 2 posted:

Fetal alcohol syndrome

someone already said Liberalism

Arcteryx Anarchist
Sep 15, 2007

Fun Shoe

Crane Fist posted:

Liberalism

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Carmant
Nov 23, 2015


Treadmill? What's that? Is that some kind of cake?


Crane Fist posted:

I have the courage of my moral convictions and am not stupid enough to worry about accidentally damaging 'the discourse'

Thats called having low IQ

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