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Re:MS will ban Forza players who add the confederate flag to... by iameli on Thursday July 02, 2020 @01:13PM (#23715453)
Doing so would probably require amending the First Amendment, which I think would do more harm than good. But Germany seems to have implemented such a system without becoming a dystopian hellscape. Seems a pretty nice place to live.
Re:MS will ban Forza players who add the confederate flag to... by Leherenn on Thursday July 02, 2020 @01:32PM (#23715744)
Not an American, so feel free to correct me.

It seems to me that there are already plenty of laws that breach the 1st amendment if you interpret speech as absolutely any speech (e.g. death threats, libel, ...). And it is constitutional because the current interpretation of speech is narrower than "everything".

Doesn't that mean that, if there were the will to do it, free speech could be reinterpreted (by the supreme court?) to not include hate speech, thus not requiring to change the 1st amendment?

Re:MS will ban Forza players who add the confederate flag to... by iameli on Thursday July 02, 2020 @02:03PM (#23716131)
You're correct about the mechanism through which that could happen — if the Supreme Court decided it so, they could certainly narrow the first amendment protections for hate speech. But it's incredibly unlikely that would happen any time soon, as it would be in contradiction of many many years of free speech jurisprudence — not an expert but Brandenburg v. Ohio seems to get brought up a lot in this context.
Re:MS will ban Forza players who add the confederate flag to... by openasocket on Thursday July 02, 2020 @03:37PM (#23717125)
Yes and no. Yes, the supreme court is the ultimate interpreter of the constitution, and could theoretically decide that the 1st amendment does not cover hate speech. But there's so much precedent around this that it is profoundly unlikely.

If there really was the will to do it, it would be by passing a constitutional amendment. If you aren't familiar, there is a process by which the constitution can be modified, and this can be done to completely rewrite or contradict the current text. But it's a very difficult hurdle: https://en.wikipedia.org/wiki/List_of_amendments_to_the_Unit...

Re:MS will ban Forza players who add the confederate flag to... by croddin on Thursday July 02, 2020 @01:26PM (#23715683)
There are already many things that don't count as free speech based on case law, if something like that were to happen in the U.S. it probably wouldn't be an amendment rather a major supreme court case.
Re:MS will ban Forza players who add the confederate flag to... by f1refly on Friday July 03, 2020 @05:53PM (#23727966)
Depends on what you want to do. Cancel culture is alive and well in germany, we have official and legal discrimination against men across the country and the whole stuff is becoming more and more cemented into laws with laws like the ones the parent comment spoke about
Re:MS will ban Forza players who add the confederate flag to... by tgv on Thursday July 02, 2020 @01:23PM (#23715627)
TBH, there are a lot of other factors that make Germany a decent place. A less polarized society is one of them, a representative parliament another. IMO, it takes more than a law to keep it civilized.
Re:MS will ban Forza players who add the confederate flag to... by Cu3PO42 on Thursday July 02, 2020 @01:20PM (#23715580)
I may be biased, having lived here all my life, but I would agree, it is a pretty nice place to live. To be frank, there's few countries that I would even consider moving to.