DEFINING THE 1st AMENDMENT
There is a dangerous idea in America today that is being promulgated by the left wing. Hate speech is not protected by the 1st Amendment. First question. Who in America is qualified to define, in every situation, what hate speech is ? We should all be able to agree that a White person who refers to a black person as a nigger, or if a black person refers to a White person as a cracker, they are using hate speech. If we are capable of being objective that is. As much as I hate these words I would defend to the death their right to use them because they are protected words under the 1st Amendment. In a famous supreme court ruling, Schenck v. United States in 1919 Oliver Wendell Holmes stated that there are some limits to free speech, however. Paraphrasing Holmes, he said that you should not be able to shout fire in a crowded theater. In my view that would extend to inciting a riot or other illegal action. This is called "Imminent lawless action" as defined, not only in Schenck vs. the United States but Brandenburg vs. Ohio in 1969. I do not agree with the courts decisions many times but I do in the above cited cases. Using offensive language like nigger, cracker, spic, wetback, dyke, faggot, honky, chink or gook does not fall under restricted speech. If White supremacists publicly call for the lynching of Blacks and Jews, or Black Lives Matter chants “Pigs in a blanket, fry ’em like bacon,” this kind of speech is not covered by the 1st Amendment. They should be arrested.
The 1st Amendment protects a persons right to speak his mind as long as it is in a public forum and the government can't interfere with that right. A few years ago I visited the Smoky Mountains National Park. At the visitors center they had a small area partitioned off with a sign that identified it as a 1st Amendment area. I have news for them. The whole country is a 1st Amendment area. My employer, however; has a right to limit my right to free speech on the job. If I use racial slurs or anything they consider offensive I am subject to termination or disciplinary action. People are wrong when they say that NFL players have a 1st Amendment right to take a knee during the national anthem. Their right derives from the NFL's lack of cojones in making them stand. If the NFL had a policy that a player must stand for the national anthem, or face disciplinary action, up to and including dismissal, they would be well within their legal rights. The fan sitting in the stands has a 1st Amendment right not to stand but the players don't. Now, the players cannot be arrested for expressing their opinion during the National Anthem. That is where the 1st Amendment protects them. On the other hand the NFL can discipline them for violating NFL rules. That is because they are a private business and NFL facilities are privately owned. The NFL is paying a heavy price for their lack of courage, and their willingness to coddle a group of spoiled highly paid players who wouldn't recognize racism if it kicked them in their jock strap.
In my opinion the rights of an employer should not include the right to control what an employee says on Facebook or Twitter, unless you are encouraging illegal behavior. Nor should they be able to restrict the kind of bumper stickers that you have on your car. We are allowing the left to define hate speech. Expressing a valid opinion on homosexuals, transgenders, illegal immigrants, Obama, and Muslims it is not hate speech. A pastor quoting scripture on homosexuality is not hate speech. This is the lefts way of trying to limit our speech or frighten us into silence. Their tactics are designed to shut down debate. Nobody wants to be accused of homophobia, xenophobia, racism or Islamophobia. Unfortunately their tactics work far too many times and too many of our voices are silenced. Speaking for myself I will not be silenced. I am comfortable with who I am because I know that I am not a bigot. So my message to the left is this. Hit me with your best shot. The last time I heard we still have a 1st Amendment and I plan to exercise the right of free speech.
The 1st Amendment protects a persons right to speak his mind as long as it is in a public forum and the government can't interfere with that right. A few years ago I visited the Smoky Mountains National Park. At the visitors center they had a small area partitioned off with a sign that identified it as a 1st Amendment area. I have news for them. The whole country is a 1st Amendment area. My employer, however; has a right to limit my right to free speech on the job. If I use racial slurs or anything they consider offensive I am subject to termination or disciplinary action. People are wrong when they say that NFL players have a 1st Amendment right to take a knee during the national anthem. Their right derives from the NFL's lack of cojones in making them stand. If the NFL had a policy that a player must stand for the national anthem, or face disciplinary action, up to and including dismissal, they would be well within their legal rights. The fan sitting in the stands has a 1st Amendment right not to stand but the players don't. Now, the players cannot be arrested for expressing their opinion during the National Anthem. That is where the 1st Amendment protects them. On the other hand the NFL can discipline them for violating NFL rules. That is because they are a private business and NFL facilities are privately owned. The NFL is paying a heavy price for their lack of courage, and their willingness to coddle a group of spoiled highly paid players who wouldn't recognize racism if it kicked them in their jock strap.
In my opinion the rights of an employer should not include the right to control what an employee says on Facebook or Twitter, unless you are encouraging illegal behavior. Nor should they be able to restrict the kind of bumper stickers that you have on your car. We are allowing the left to define hate speech. Expressing a valid opinion on homosexuals, transgenders, illegal immigrants, Obama, and Muslims it is not hate speech. A pastor quoting scripture on homosexuality is not hate speech. This is the lefts way of trying to limit our speech or frighten us into silence. Their tactics are designed to shut down debate. Nobody wants to be accused of homophobia, xenophobia, racism or Islamophobia. Unfortunately their tactics work far too many times and too many of our voices are silenced. Speaking for myself I will not be silenced. I am comfortable with who I am because I know that I am not a bigot. So my message to the left is this. Hit me with your best shot. The last time I heard we still have a 1st Amendment and I plan to exercise the right of free speech.
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