Re: Is the First Amendment Dead?
Wolf K <[email protected]>
| Newsgroups | gmane.comp.mozilla.general |
|---|---|
| Message-ID | <[email protected]> |
On 2021-01-10 14:55, Ken Springer wrote: > On 1/10/21 9:25 AM, Wolf K wrote: >> The First Amendment means quite simply that governments (at any level) >> cannot suppress political speech by any use (or show) of force. > > There is no mention of "use of force" in the First Amendment. > >> ARTICLE [I.] >> Congress shall make no law respecting an establishment of religion, or >> prohibiting the free exercise thereof; or abridging the freedom of >> speech, or of the press; of the right of the people peaceably to >> assemble, and to petition the Government for a redress of grievances. > > > > I don't think any mention is needed. The prohibition against the use of force is implied in "shall not make any law...". If compliance cannot be achieved any other way, the government will use force. That's why we say laws are enforceable. But even if you want to quibble about that, it's quite clear that the 1st Amendment doesn't affect any person's right to refuse to publish or promote any speech they don't want to publish or promote. And since corporations are "persons" under the law, that applies to corporations, too. (1) By the way, the right to "petition the government" does not imply that the petition will be granted. (It's also a carry-over from the monarchic system, where the any subject could petition the King.) "Askin' don't mean you're gonna get", to quote somebody or other. (1) There's possibly a problem with regard to Universities. A private university is a corporation, so it can "abridge" free speech any way it likes. A public University is also a corporation, but since it's (partly) funded by taxes, one could argue it must respect the 1st Amendment. However, it is not an agent of the government, so it's unclear how the 1st Amendment would apply. (As an aside, I note that it's taken for granted that schools, public or private, can abridge their pupils' freedom of speech, and for the most part, such abridgement has been upheld by the courts.) Best, -- Wolf K kirkwood40.blogspot.com “When I am playing with my cat, how do I know she is not playing with me? (Montaigne) _______________________________________________ general mailing list [email protected] https://lists.mozilla.org/listinfo/general