Lumpenproletariat
Veteran Member
- Joined
- May 9, 2014
- Messages
- 2,701
- Basic Beliefs
- ---- "Just the facts, ma'am, just the facts."
"the right of the people" includes the right of the group(s)
1st Amendment right to free speech
including the Right to not be censored.
Maybe some parts of that law actually did cause some good result. But the part which PROHIBITED political speech or "electioneering communications," was an assault on everyone's 1st Amendment rights. When you deprive anyone of their 1st Amendment rights, it is an assault on all of us, and a threat that the same could happen to others of us. That part of the campaign reform act was rightly struck down by the Court, in protection of basic freedoms for ALL of us.
That action by the Supreme Court in 2010 still stands today as a protection of our rights against possible infringement by the current Regime, and because of that decision, we are a little safer now from having our 1st Amendment rights denied to us. It's good to crusade against corruption, but you must do it without threatening anyone's 1st Amendment right to free speech. The censorship practiced by the FEC, leading to that 2010 decision, did nothing to put an end to any corruption. You can't name anything about that FEC censorship which put any end to corruption.
There's no apparent "corruption" you can name which might be corrected by means of your censorship solutions. It seems rather that it's not "corruption" that you really care about, but only about censoring something you disagree with and want to suppress (because you hate "corporations"?). And maybe some of that political propaganda or political speech is pretty bad -- maybe a pack of lies, etc. Maybe a solution would entail an investigation or hearing to review the claims made and require those speaking it to produce evidence for their claims -- this need not be an abridgement of free speech, to require those speaking to produce their evidence in a court setting where they must answer questions about it. But censorship or suppression of political speech, such as the FEC did to the Citizens United company, is not a legitimate response.
You can't censor a candidate's speech as something dangerous only because you theorize that his policy would lead to a bad outcome. Censorship is not an appropriate response if the only threat posed by that speech is that you disagree with it.
What you can name are possible cases of slander, and this is provided for in existing law, where someone can be sued. There was the case in Georgia, where Rudy Giuliani slandered one of the election workers, and he was convicted and suffered a heavy damage penalty. The law should impose penalty on such slander speech. This is not denial of one's 1st Amendment rights, that they are prohibited from slandering someone. Protection of political speech does not include protection of slander speech.
Some conspiracy theories might be borderline for slander, if certain persons are named by the speaker. Computer companies accused of rigging the vote count might sue for slander. Alex Jones was convicted of slander in his conspiracy claims. And maybe there's ambiguity in some cases, so that's why a court case might be necessary, to determine the facts. But normal political speech, such as the Hillary film, though it's propaganda, is not slander. Political propaganda per se cannot be put into this category -- that it "inevitably leads to suffering and abuse" -- we can't let the demagogues censor our speech based on such a spurious guideline.
A further example of forbidden speech would be incitement to crime. If the "political speech" contained encouragement to start a riot, to kidnap or kill someone, to set off a bomb, etc., then that is criminal speech which can rightly be suppressed. That's not the "political speech" or "electioneering communications" which the 2002 campaign reform bill would censor, or that the FEC suppressed in 2008, as enforcement of the 2002 law.
A group (e.g. corporation) also has a right to free speech, as part of "the people" -- in the 1st Amendment phrase "the right of the people" -- as determined by the Supreme Court. Even prior to Citizens United.
Google Search question: Were corporations recognized as people/persons before Citizens United?
Google answer:
Google seems to say that corporate personhood was explicitly or literally cited in previous Supreme Court cases. However, there's some ambiguity -- But for certain, without any doubt, no Court ever issued any ruling that "corporations are not people" and are not covered by the 1st Amendment. There were many cases demonstrating that they are "people" or "persons" for purposes of the law, as the text uses those words. Which is all that matters for this topic. I.e., it has nothing to do with silly jokes about corporations having human body parts or being born in a woman's womb or having the right to vote at age 18. It's about the meaning of "persons" or "the people" in the wording or text of the Constitution. And that wording includes ALL groups, including corporations.
To reiterate: It's critical to give an example where political speech rights must be denied to someone, or would have to be, to preserve public safety. Either a real case historically, or even a hypothetical case.
"Corporations are not people" = There is a need in some cases to censor political speech, or suppress it, for the public safety/welfare.
"Corporations are people" = Everyone, all individuals and all groups, no matter how unpopular, are entitled to free speech protection under the 1st Amendment -- no exceptions.
1st Amendment right to free speech
including the Right to not be censored.
No, I'm saying your pretended solution to "corruption" is a fraud, based on imposing censorship onto people, in violation of their 1st Amendment rights. And you only pretend that this censorship will produce any benefit, like making "corruption" magically disappear. It will not. The new censorship of political speech called for in the 2002 campaign reform act did not eliminate any "corruption" as you falsely imagine.You are excusing corruption because it is old and pervasive.
Maybe some parts of that law actually did cause some good result. But the part which PROHIBITED political speech or "electioneering communications," was an assault on everyone's 1st Amendment rights. When you deprive anyone of their 1st Amendment rights, it is an assault on all of us, and a threat that the same could happen to others of us. That part of the campaign reform act was rightly struck down by the Court, in protection of basic freedoms for ALL of us.
That action by the Supreme Court in 2010 still stands today as a protection of our rights against possible infringement by the current Regime, and because of that decision, we are a little safer now from having our 1st Amendment rights denied to us. It's good to crusade against corruption, but you must do it without threatening anyone's 1st Amendment right to free speech. The censorship practiced by the FEC, leading to that 2010 decision, did nothing to put an end to any corruption. You can't name anything about that FEC censorship which put any end to corruption.
That doesn't entitle you to violate anyone's Constitutional rights. Find ways to oppose corruption without committing your own evil which is even worse. Demagogues (like the current regime) have always pretended that their dictatorial measures were necessary in order to correct some evil, like "corruption" -- and this becomes just the excuse they use to increase their power over the society. Just saying something was always "bad" is not sufficient to justify your dictatorial measures like censorship or suppression of political speech.Why? As ubiquitous, as [corruption] is, it has ALWAYS been bad.
There's no apparent "corruption" you can name which might be corrected by means of your censorship solutions. It seems rather that it's not "corruption" that you really care about, but only about censoring something you disagree with and want to suppress (because you hate "corporations"?). And maybe some of that political propaganda or political speech is pretty bad -- maybe a pack of lies, etc. Maybe a solution would entail an investigation or hearing to review the claims made and require those speaking it to produce evidence for their claims -- this need not be an abridgement of free speech, to require those speaking to produce their evidence in a court setting where they must answer questions about it. But censorship or suppression of political speech, such as the FEC did to the Citizens United company, is not a legitimate response.
Why are you pretending to fix it by means of something universally acknowledged as bad? Censorship of legitimate political speech is not the way to correct anything, no matter how "bad" it is. Censoring someone from yelling "Fire!" in a crowded theater is the only form of censorship that is legitimate -- to stop someone from causing a disaster or widespread injury. But someone publishing political propaganda is not a legitimate threat to the public safety. Your false pretense that you're fighting "corruption" does not entitle you to deprive anyone of their 1st Amendment rights, or to deny free speech to someone who is not yelling "Fire!" in a crowded theater or otherwise posing a threat with their speech.Why are you endorsing something that is universally acknowledged as bad?
You can't censor a candidate's speech as something dangerous only because you theorize that his policy would lead to a bad outcome. Censorship is not an appropriate response if the only threat posed by that speech is that you disagree with it.
Then stop aiding the powerful government to exploit the system to get more power to deny people their 1st Amendment rights. By doing this you are contributing to a bad pattern throughout history. You can't name one benefit served by the FEC censorship. You are only pretending that this was necessary to put an end to "corruption."When you let the powerful exploit the system to get more power to inevitably use that power to exploit the people you end up with abuse and suffering. It is a pattern repeated throughout history.
Of course not. But censorship of open published political speech has never been necessary in order to prevent corruption. You can't name one case where this was ever necessary to protect the public. You might be able to show that some political speech led to a change in the election outcome -- but this is not a legitimate reason for censorship of that political speech. On the contrary, this is just your dictatorial method of suppressing the other side in order to help your side win more votes in that particular election. We can't start out with the premise that your political opposition is wrong and has to be suppressed or the country is doomed. The premise has to be: we don't know for sure which side is correct, so both sides are entitled to be heard, with neither being censored.Free speech has never been absolutely free. ALL freedoms granted by the US constitution or otherwise have never been absolutely free.
Maybe in some ways. But not by censoring political speech. That's not the kind of restriction which liberates anyone. If you think such censorship is sometimes necessary, then give an example. You not only cannot name a real case where censorship of political speech had to be imposed, but you can't name even a hypothetical case.Social contracts liberate individuals by restricting them.
No, not just "some speech" ----- we're talking about political speech, or (more broadly) speech about something controversial or philosophical or theoretical, or beliefs about religion or history or science, where there is disagreement among reasonable people.Choosing where that social contract begins and ends is a job for each society. Recognizing that some speech leads (inevitably) to abuse and . . .
Then why can't you name any case of this? not even a hypothetical case? What situation would it be? hypothetical situation -- you make up the specifics. You have no example to offer. It's not good enough to speculate that "some speech leads" to abuse etc. Say what that speech would be. Give a specific example of political speech that would lead to abuse and suffering and would have to be censored (banned) to protect the public. This has never happened, and there's no hypothetical case you can name. There's nothing in this country (maybe not any country) where any such censorship has been necessary.. . . Recognizing that some [political] speech leads (inevitably) to abuse and suffering is a legitimate reason for restricting it if a society so chooses.
What you can name are possible cases of slander, and this is provided for in existing law, where someone can be sued. There was the case in Georgia, where Rudy Giuliani slandered one of the election workers, and he was convicted and suffered a heavy damage penalty. The law should impose penalty on such slander speech. This is not denial of one's 1st Amendment rights, that they are prohibited from slandering someone. Protection of political speech does not include protection of slander speech.
Some conspiracy theories might be borderline for slander, if certain persons are named by the speaker. Computer companies accused of rigging the vote count might sue for slander. Alex Jones was convicted of slander in his conspiracy claims. And maybe there's ambiguity in some cases, so that's why a court case might be necessary, to determine the facts. But normal political speech, such as the Hillary film, though it's propaganda, is not slander. Political propaganda per se cannot be put into this category -- that it "inevitably leads to suffering and abuse" -- we can't let the demagogues censor our speech based on such a spurious guideline.
A further example of forbidden speech would be incitement to crime. If the "political speech" contained encouragement to start a riot, to kidnap or kill someone, to set off a bomb, etc., then that is criminal speech which can rightly be suppressed. That's not the "political speech" or "electioneering communications" which the 2002 campaign reform bill would censor, or that the FEC suppressed in 2008, as enforcement of the 2002 law.
That's a gross distortion of the 1st Amendment. It protects EVERYone's speech, including that of every group of people. Free speech doesn't mean only to maximize the number of voices or opinions, but to protect everyone's freedom to speak, meaning every group as well as every individual.Besides, no corporation is a person in itself. ... So restricting its speech does nothing to reduce the number of voices or opinions in the marketplace of ideas.
A group (e.g. corporation) also has a right to free speech, as part of "the people" -- in the 1st Amendment phrase "the right of the people" -- as determined by the Supreme Court. Even prior to Citizens United.
Google Search question: Were corporations recognized as people/persons before Citizens United?
Google answer:
Yes, corporations were recognized as legal "persons" or "persons" for certain rights well before the Citizens United v. FEC Supreme Court decision in 2010. This concept of "corporate personhood" evolved over centuries, originating with rights to own property and enter contracts, and later expanding to constitutional protections under the Equal Protection Clause in the 19th century. While Citizens United dealt with free speech rights for corporations in elections, it did not create corporate personhood but rather extended the existing concept of corporate rights to this specific political context.
Key Developments in Corporate Personhood
In essence, the idea of corporations as entities with rights predates Citizens United by a long margin, but the court case significantly expanded the scope of those rights by applying them to corporate political spending.
- Medieval Origins:
The concept of juridical persons, which includes corporations, emerged in the Middle Ages to facilitate perpetual ownership of assets and allow organizations to act independently of their founders.
- 19th-Century Expansion:
The Equal Protection Clause of the Fourteenth Amendment was a pivotal moment, with the Supreme Court granting corporations constitutional protections beyond property and contract rights.
- Early 20th Century:
Corporations gained the ability to sue and be sued, further solidifying their status as separate entities with legal rights and responsibilities, distinct from their individual members or shareholders.
- Citizens United's Focus on Political Speech:
The 2010 Citizens United decision did not invent corporate personhood; instead, it addressed whether corporations had First Amendment free speech rights to spend money in candidate elections. The Court found that such political spending is a form of speech protected by the First Amendment, overturning a prior restriction on corporate political expenditures.
Google seems to say that corporate personhood was explicitly or literally cited in previous Supreme Court cases. However, there's some ambiguity -- But for certain, without any doubt, no Court ever issued any ruling that "corporations are not people" and are not covered by the 1st Amendment. There were many cases demonstrating that they are "people" or "persons" for purposes of the law, as the text uses those words. Which is all that matters for this topic. I.e., it has nothing to do with silly jokes about corporations having human body parts or being born in a woman's womb or having the right to vote at age 18. It's about the meaning of "persons" or "the people" in the wording or text of the Constitution. And that wording includes ALL groups, including corporations.
To reiterate: It's critical to give an example where political speech rights must be denied to someone, or would have to be, to preserve public safety. Either a real case historically, or even a hypothetical case.
"Corporations are not people" = There is a need in some cases to censor political speech, or suppress it, for the public safety/welfare.
"Corporations are people" = Everyone, all individuals and all groups, no matter how unpopular, are entitled to free speech protection under the 1st Amendment -- no exceptions.
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