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The time is now 3:39 pm
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April 30, 2024, 3:21 pm
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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?
Comments
* 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.
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.
Sure doesn't sound like someone with rock solid Christian values.
"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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