Civil Liberties

hlthe2b

(107,144 posts)

1. There are free speech exceptions...

Reply to mahatmakanejeeves (Original post)

Sat Jul 17, 2021, 06:42 AM

Jul 2021

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial speech such as advertising. Defamation that causes harm to reputation is a tort and also an exception to free speech.

I'm as pro-civil liberties as any on DU, but it is simply not true that there was no basis for the judge's decision.

Arguably this COULD (and apparently WAS by the homeowners' group) construed as obscenity and incitement to lawless action. The judge apparently agreed.

It is a fine line and you can disagree, certainly, but I haven't seen ACLU pick this up (as they have marching rights for KKK and other disdainful examples) so, we shall see.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

11 replies

= new reply since forum marked as read

Highlight:

N.J. woman must remove anti-Biden F-bomb signs or face $250-a-day fines, judge rules [View all] mahatmakanejeeves Jul 2021 OP

There are free speech exceptions... hlthe2b Jul 2021 #1

Good morning. Thank you for writing. mahatmakanejeeves Jul 2021 #2

From the thread at Popehat: mahatmakanejeeves Jul 2021 #3

From the borough obscenity ordinance: sl8 Jul 2021 #4

Congress shall make no law... sanatanadharma Jul 2021 #5

Reed v. Town of Gilbert mahatmakanejeeves Jul 2021 #7

The 1st Amendment has been fully incorporated. sl8 Jul 2021 #8

Thank you for posting this link. NT mahatmakanejeeves Jul 2021 #10

Sign Ordinances and the First Amendment mahatmakanejeeves Jul 2021 #6

I can assure you that courts have upheld those restrictions promulgated by Homeowner's Associations hlthe2b Jul 2021 #9

Hard to think of a stronger First Amendment position to be in than ... mahatmakanejeeves Jul 2021 #11