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On Sun, Jan 23, 2000 at 07:48:29PM +0000, Barks wrote:
>> One of the things that I find
>> most confusing about the First (or Fifth?) amendment is that freedom
>> of expression is considered sacrosanct almost regardless of how much
>> suffering is caused as a result of that expression.
>The First Amendment, like the rest of the Bill of Rights, is considered in
>American law not as *granting* rights, but instead as *recognizing* rights
>that are inherent to free citizens.
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Not really. In theory, the congress could pass a constitutional
amendment to repeal the 1st amendment, and if it was ratified by
2/3 of the states, it would be history. This won't happen,
but like in the UK, the "govt" has the power to grant or revoke
the right to free speech. here "govt" means congress + 2/3 of
state legislatures.
the 1st Amendment doesn't protect against slander. If that expression
is false and leads to damages or suffering in another person or
organization, it is illegal and can be pursued in civil action.
The first amendment means you can't be put in jail for expression
of ideas. You can be sued for slander or fired from a job for it,
as examples. but the 1st amendment is only as good as the judicial
system and justice system is willing to uphold it. Put idealogues
on the supreme court and you get a very different interpretation.
Put racists in the district attorney's office, and you may not
have action taken if police beat up someone for expressing their
right to free expression.
>A similar argument here, to be sure: the human right to hold whatever
>religious beliefs one chooses, including none at all, is beyond legitimate
>control or influence of governments.
In the words of most school children when I went to school...
I pledge allegiance, to the flag, of the United States of America--
one nation, under God...
Again, the bill of right's is a piece of paper, but how it is interpreted
in social context can be rather different.
Joseph
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