Never too young for free speech

  • BobaFuttbucker@reddthat.com
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    4 months ago

    The first amendment does not and has never protected absolute free speech, so her first amendment rights were not violated.

    The first amendment protects citizens from speaking out against government, stifling free speech of others, or from the government restricting religious practices. It is not license to say anything. This has been affirmed in numerous court cases over the entire history of the US.

    Why do conservatives constantly forget this? Its almost like they don’t know basic constitutional law.

    https://www.law.cornell.edu/constitution/first_amendment

    https://constitutioncenter.org/blog/schenck-v-united-states-defining-the-limits-of-free-speech

    https://crsreports.congress.gov/product/pdf/IF/IF11072

    • jimbolauski@lemm.ee
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      4 months ago

      While there are established limits to free speech, the Schenck v US rulling was narrow in scope and doesn’t apply to a little girl drawling a picture in school. If you’re going to cite case law at least find applicable cases and not just pick the 1st one in your search without reading the ruling.

      There are many more applicable rulings, mostly to do with how much a school can limit a student’s speech, even those do not cover everything, which is what the Supreme Court is for. Why do liberals constantly forget this? It’s almost like they don’t know constitutional law.

    • Kaboom@reddthat.com
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      4 months ago

      “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; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

      Seems pretty straight forward to me.

      • BobaFuttbucker@reddthat.com
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        4 months ago

        Then you misunderstand, because years of legal precedent disagree lol.

        Congress shall make no law means the government can’t restrict your right to free speech, not that you’re free to literally say anything. Example: you can’t lay out your plan for assassinating a politician or threaten someone with a credible threat and be protected under the first amendment.

        What you’re confused with is the definition of “free speech”. I suggest you research this further.

      • Neuromancer@lemm.eeM
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        4 months ago

        Yeah someone is making crap up. “Hate” speech is still protected under the 1st amendment. Now she is a student which has more restrictions but the term all lives matter is a nice gesture since she’s seven.

        The parents will win if they go to court.