Author Topic: Many shooters are frogs.  (Read 7965 times)

Pathfinder

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Re: Many shooters are frogs.
« Reply #30 on: January 15, 2009, 07:06:57 AM »
You are taking this out of context, Justice Holmes wrote "The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." (Schenck v. United )

Read carefully it says falsely shouting. Therefore I would contend you do NOT have a total right to shout "Fire" in a crowded theater.

Thanks for the precise quote, I have always heard it paraphrased. Holmes' statement, however, is an example of prior restraint, something that used to be a legal No-No. You can't prevent someone from doing something just because you think there's a chance that maybe they might do something else.

However, it does not change my key point - it is one person in a black robe who decides what the American people may or may not do. We have seen absolutely egregious examples of this in the past few decades, where "rights" are discovered in the Constitution even though not a drop of ink was used to enumerate them, while confirmed, clearly enumerated rights are ignored and abridged. All by one person (or a few people) in a black robe.

It is especially a bad time when the justices see no value in following the actual Constitution or law, or follow laws not ours (Like SCOTUS justice Ginsberg), but instead impose their opnions or desires. That just raises the temperature for the frogs a little bit more.
"I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do this to others and I require the same from them"

J.B. Books

 

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