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Old 02-09-2006, 05:34 PM   #34 (permalink)
shakran
Tone.
 
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Quote:
Originally Posted by xepherys
First of all, they can call this free speech, but there is judicial record of not allowing 100% free speech (there are laws on the books in Michigan that offer fines and jail time for people swearing in the presence of women and minors. This was upheld just a few years ago).
Did it make it to the supreme court?

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You can call for right to assemble, but look at how it's written, grammatically. Look at the punctuation. I read this to say one has the right to peacefully assemble for a redress of a grievance with the government, not with other people.
You read it wrong. And the people protesting at the funerals don't have a problem with the dead guy's family. They have a problem with the GOVERNMENT (the body they're petitioning for a redress of their grievances) having forced the guy to go to Iraq and get killed. I can see why they're doing it. They figure if the government won't allow pictures of the coffins out, you have to draw attention to the funerals somehow.



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I somehow sincerely doubt that our Forefathers had the intention of allowing such a heinous act to be protected.
BS argument. Our forefathers didn't have the intention of allowing TV and radio broadcasts because they couldn't conceive of such a thing. They didn't intend to allow people to drive cars, but we can do that too. Just because the forefathers could not possibly predict all possible future actions does not mean those actions are forbidden.

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At any rate, I don't believe the proposed laws (any of them) take away anyone's rights. Part of having rights is that you can not use them to trample of the other rights of people.
Show me the article or amendment that gives people the RIGHT to keep other people off of public property if its near a funeral. No rights have been trampled here.

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This is in direct conflict of "life, liberty and the pursuit of happiness" that America is supposed to be about.
1) That phrase is from the Declaration of Independence and is not part of American law.

2) You just shot yourself in the foot. The protestors are pursuing happiness by protesting at the funeral.

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If they are to speak out against the war efforts, and against military personnel, so be it... but NOT at a funeral and not at the extended suffering of the families.
Why? What legal basis do you have for declaring that? What if the families said protesting in front of the capitol building was causing them to suffer because they feel it's not supportive of the troops? Should we ban that too? We have rights in this country, and the nice thing about our constitution is that we get to exercise those rights even if it pisses someone off. Your arguments would have stopped the civil rights movement (hey the blacks are upsetting the whites, make 'em stop, they're trampling on rights), the women's movement (the men are suffering because the women are getting jobs as a result of their protests. Make 'em stop, they can't make anyone suffer), and in fact could be used to squash protest of ANY sort that those currently in power decide they don't like.

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Causing suffering during a period of grief is certainly NOT a constitutionally protected right.
Not suffering during a period of grief is also NOT a constitutionally protected right. But freedom of speech, expression, and assembly ARE constitutionally protected rights.



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Anyone recognize this? It's also part of our Constitution. The very first part, in fact. What is domestic tranquility?
Domestic tranquility refers to the power of the federal government to stop states from warring with each other.

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Peace at home? That sounds right. How can people be assured peace, when during the mourning of a loved one they are protested and heckled?
how can we be assured peace when the damn gays are running around holding pride parades and exposing our young'ns to that filth?

How can we be assured peace if the blacks insist on holding million man marches in the nation's capitol? Hell it took me an hour to get to work that day! Ban that crap!

How can we be assured peace if drivers in New York keep honking their damn horns? Ban horns too!

Come to think of it, how can we be assured peace if anyone says anything that someone might not like? Maybe we should just outlaw speech in general.

Gets pretty ridiculous and anti-american when we carry your arguments out to other situations doesn't it? And if we subscribed to your beliefs, the blacks would still be segregated, the gays would still have to hide in the closet for fear of having their entire lives ruined, and no one could say anything if it upset anyone else. I for one am not interested in living in an Orwellian country.




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The blessings of liberty? Does the liberty to speak out override the liberty to have a peaceful funeral for a loved one?
Yes, it absolutely does. The people at the funeral have the right to protest what the protestors are doing. I will not argue that it would not be a good thing if the protestors decided on their own to cool it with the funerial protests, but then it'd also be nice if the kid down the street wouldn't thunk his car stereo at 1am, and it'd be nice if the local TV station didn't air Teletubbies, and it'd be nice if the guy from our competing station hadn't called me a jerk today for not letting him take my spot at the press conference. But to legislate all that just because we are worried about offending people is anti-American. There is no constitutional right not to be offended.

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When rights conflict, I feel the injured party, if there is one, has rights first.
Great! The protestors are the injured party too because their country started an immoral, illegal war without their consent. They, like many, are ashamed to be part of this country right now because its government is behaving in a way that is distinctly against the supposed values of our country.
Come to think of it, NO one would protest if they did not feel they were injured in some way. Who do you think is going to organize a protest because they think things are going great?



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But I don't believe this to be a loss of freedom at all.
Tell that to the protestors who would no longer be free to protest.

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You don't have the liberty to kill someone for flipping you the bird. This isn't much different.
Where did you come up with this argument? The protestors aren't killing anyone. What are you talking about?

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Someone flips you off and you stand out in front of their house with a sign reading "so and so is rude and flipped me the bird". You would likely be cited for civil disturbance of some form or another.
Yeah, maybe. But if you were on a public sidewalk and you got cited for that you could sue the holy shit out of the police department that cited you, because stopping you from doing that is not legal.
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Also, carrying a sign saying someone deserved to die is outright immoral, regardless of the circumstance.
Perhaps, but we cannot legislate morality. Otherwise we must make gays, abortion, and premarital sex illegal. You willing to go that far?

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Wishing death to participatory soldiers in this war is akin to threatening them, via god, with death.
That's just silly. saying "I wish you were dead" is not the same thing as "you're going to die" and it's certainly not saying "dude I have an in with god and he's gonna kill you."

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This, I believe, is also illegal.
You are wrong.
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