Are ambiguous statements covered by the 1st Amendment?

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There are a few narrow categories of speech not protected including incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats. However with the exception of child pornography, the others could be protected speech if the statements are ambiguous. Two current examples are things being said about Jack Smith and Tommy Tuberville.

Someone on "X" asked if Tuberville should be “removed from his Senate committee” and former CIA Director Michael Hayden replied  with"How about the human race?" Senator Tuberville accused Hayden of calling for his assassination and made a report to the Capital Police. During a Newsmax interview, Republican Congressman Clay Higgins said Jack Smith's "days are numbered." 

The Higgins example can and probably will be considered ambiguous because it could mean several other things. Hayden's remark could be borderline, but he did ask a question and later posted,

"I was surprised to wake up this morning and discover that many MAGAnuts had lost their minds over my suggestion that “Coach” Tuberville not be considered a member of the human race. I stand by that view. I’m wishing you all a nice day even the intransigent Tommy Tuberville."

Had a laugh when I read under "freedom of expression guaranteed by the First Amendment" in the Encyclopedia Britannica, incitement was defined as "such speech as to a mob urging it to attack a nearby building". Wonder why they used that as an example of inciting?

Entry #472

Comments

Avatar noise-gate -
#1
* Which is why l say: Strong  Personal  & religious beliefs have no place in Congress. Think about those members of Congress that refused to sign off on accepting the will of the voters & knowing that Biden defeated their candidate. Going so far as to   put together fake electors & trying to hand it to Pense was a violation of their oath of office, yet many of them remain on Capitol Hill.
* Tuberville injecting his personal opinion into refusing to go along with the majority in nominating people to positions in the armed forces is reckless behavior. What’s next- asking folks to be” Christian “ in order to serve the country? If you Hindu or Buddhist, you need not apply? It’s always some fool from a State with 300 people that wants to tell the entire country how it should function.
Avatar Stack47 -
#2
The new Speaker of the House recently said, "pick up a Bible off your shelf and read it — that’s my worldview". I took my Bible "off my shelf" and Exodus 20:3 contradicts the very first Amendment to the Constitution and verses 4 and 5 even calls for punishments for not believing a certain way. Don't get me started on the obvious contradictions Exodus chapter 21 has with the 14th Amendment.

One of the Republican presidential candidates is calling for a news network to be punished  and denied their Right under the 1st Amendment by calling what they are reporting "illegal political activity". Haven't really looked at some of the stuff their members are demanding and comparing them to Rights covered in the Constitution, but there are many.

Tommy Tuberville doesn't see the irony in his reasoning and why his one man filibuster is because of the same thing he is against. He wants the United States military to create policies that will eventually abolishing members of the armed service having legal abortions. With the promotions he is blocking, creating policy is impossible.

Why the United States Senate does not create rules preventing one Senator of blocking anything is exactly the same as women's sports organizations not creating rules preventing men to compete. We're becoming the "land of hypocrisy".

Recently a poster suggested the U.S. is "One Nation Under our Creator" and that Veterans "have sworn upon the altar of God". The last time I read a history book, the United States was created by a group of men and ratified by the majority of men. I'm not knocking that opinion, but if they were a Veteran, they forgot their oath of enlistment. 

"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice, so help me God."

For the record, there is also a secular version where it's affirmed and "so help me God" is omitted.
Avatar Stack47 -
#3
Edited to correct and add "obvious contradictions Exodus chapter 21 has with the 13th Amendment".
Avatar Pick3master3838 -
#4
The Bible is garbage. Exodus 21....the fake God doesn't like mixed fabrics and eating shellfish, but never once said slavery is bad. FU*K THE FAKE GOD THAT DOESNT EXIST!!!!!
Avatar Stack47 -
#5
The new Speaker wants the U.S. to become a totally Christian nation by supporting a guy that spent the night with a porn star while his wife was home taking care of their 4 months old son. Only a card carrying pervert would say to porn star, "Wow, you - you are special. You remind me of my daughter".

Sure doesn't sound like someone with rock solid Christian values.
Avatar Stack47 -
#6
I thought it was an ambiguous statement when Trump said he was going to build border walls but not actual walls because of the distance. Finding betters ways to prevent illegal things and people from entering makes more sense. Besides, walls won't prevent planes from flying over or digging tunnels under our borders. The problem then and today is the large number of immigrants and refugees on our southern border.

"The wall is going to cost $10 billion a year. That's what it's going to cost. It's going to be a powerful wall. It's going to cost $10 billion.”

A weird and redundant way to explain the estimated cost and probably why he wasn't taken serious. His "Mexico will pay for the wall" plan made it sound even dumber. He mentioned something about the trade deficit (exports plus or minus imports) which was $47 billion in 2016 and $42 billion today. Either way, the $10 billion cost would be paid by we the consumers. The much money could have easily created 100s of border patrol jobs.

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