shouting draft resisters, Parler

Mon Jan 11 23:36:13 UTC 2021

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On Mon, Jan 11, 2021 at 5:25 PM Joe Loiacono <jloiacon at gmail.com> wrote:

> Only if you believe censorship has nothing to do with free speech.
>
>
I'm not sure what you mean here. One can advocate for or against "free
speech" and whatever it may ultimately include or not include without
having to invoke a specific United States legal framework which doesn't
apply in many (most) contexts. Freedom of speech as a right of humankind
has existed as a concept since long before the US did, the US merely
enshrined in its constitution that the government should generally not
infringe on it, with very limited circumstances in which it may do so. This
is, in my opinion and that of others, a good thing. Where those lines are
to be drawn is largely up to the courts, and is often the subject of debate
among both jurists and laypersons.

I guess my overall point here is this: there's no reason you can't say
"free speech is an important right that we must protect" without invoking
any specific legal doctrine, if that's what you believe. That statement can
easily apply to any government agency, private corporation, public
corporation, or individual citizen, and be broadly relevant. Once you
invoke the first amendment, you're now limiting the context of your
advocacy.

On 1/11/2021 6:16 PM, Anne P. Mitchell, Esq. wrote:
> >>> That would make me wonder how many cases there have been of someone
> >>> "shouting fire in a crowded theatre" where there was no fire and at
> >>> least one person died as a result; ...
> >> This seems a wee bit distant from Parler or TOS or Sec 230.
> > That's because people continue to believe that this has something to do
> with the 1st Amendment, which of course it does not.  But you can't
> disabuse people of their poorly informed notions.
> >
> > Anne
>
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