Penises are not speech, therefore rape is not an expression of free speech
@icedquinn I mean, there is a type of spoken expression that I'd argue isnt speech in the sense of free speech, but I also agree that is a very dangerous and slippery slope.
Deaming that screaming "fire" in a theater is not protected by free speech is something I find perfectly acceptable.
@icedquinn cant sue someone for fraud if its protected as free speech either.. luckily fraud is not protected by free speech either (its a verbal contract and contracts arent free-speech protected).
@icedquinn how ya figure.. states and their citizens are beholden to the constitution.
Congress shall enact no law abridging freedom of speech nor of the press
because that’s what it says.
@icedquinn yes but in 1866 the 14th amendment expanded it to the states, which has been confirmed by the supreme court interpretation of the 14th amendment.
@icedquinn from the 14th amendment:
"nor shall any state deprive any person of life, liberty, or property, without due process of law;"
The bill of rights has been interpreted to fall under "liberty" and "due process" by the supreme court (and I would agree). Thus this clause extends freedom of speech to the states as per current legal precedence.
@icedquinn its not about just what judges say, like I said I agree with them.
14th amendment clearly states that a state can not deny a citizen liberty. The bill of rights was defined as an enumerations of the liberties the constitution intended to encode. Therefore interpriting that clause in the 14th amendment to extend freedom of speech to the states and its people makes perfect sense.
Its also important to understand context IMO. The only reason the bill of rights didnt originally extend to the states was because at the time state laws always overrode national laws, so it couldn't extend to the states. By 1866 however the law on this reversed and national laws overrode state laws. and by 1868 the 14th amendment was written to effectively ensure the "liberties" that were originally written under a different structure now explicitly extended beyond just congress.
i don't see how a provision that says
> this entity is not allowed to ban bananas. everyone else is allowed to do anything not mentioned here.
somehow is expanded by
> entities below us have to give due process
that's fine, but the law that overrides all laws only applied to the originating entity banning bananas.
the only way this makes any sense is if the subordinant entities are now also the fed, which they aren't, because you could also argue by that logic the tenth amendment doesn't exist and there are no states.