Re:How Each Pillar of the First Amendment Is Under Attack
by nine_k on Monday March 31, 2025 @12:17AM
(#43530937)
Neither of these countries has a free speech provision in the constitution. To the opposite, both explicitly ban certain kinds of speech.
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Re:How Each Pillar of the First Amendment Is Under Attack
by gmueckl on Monday March 31, 2025 @12:51AM
(#43531204)
Germany does guarantees free speech in article 5 of its constitution.
Re:How Each Pillar of the First Amendment Is Under Attack
by Chingers on Monday March 31, 2025 @01:29AM
(#43531425)
This is not true, article five allows for freedom of opinion, which is very different.
Re:How Each Pillar of the First Amendment Is Under Attack
by gmueckl on Monday March 31, 2025 @02:16AM
(#43531700)
That is not true. Although it uses a different word on the surface, it really is the same legal concept.
Re:How Each Pillar of the First Amendment Is Under Attack
by johnnyanmac on Monday March 31, 2025 @07:09PM
(#43540984)
"speech" and "opinion" have very different legal definitions.
Re:How Each Pillar of the First Amendment Is Under Attack
by gmueckl on Monday March 31, 2025 @11:07PM
(#43542415)
I would like to read about the difference in the definitions of "freedom of speech" and "freedom of expressing one's opinion" with consideration of applicable case law. Right now, I don't see any real difference in how this is adjudicated in courts.
Re:How Each Pillar of the First Amendment Is Under Attack
by FranzFerdiNaN on Monday March 31, 2025 @01:24AM
(#43531398)
It also states it might be limited by law. So you can’t promote nazism and call it free speech.
Re:How Each Pillar of the First Amendment Is Under Attack
by PartiallyTyped on Monday March 31, 2025 @02:43AM
(#43531894)
And you can’t publicly talk about state secrets, so you can’t call it free speech.
Re:How Each Pillar of the First Amendment Is Under Attack
by johnnyanmac on Monday March 31, 2025 @07:12PM
(#43541001)
sure you can. You're likely not granted clearance or in the military. Private citizens don't have a concept of "state secrets".
But yes, a court marshal is a completely different matter. You're speech is restricted if you take steps to work for the government in any capacity. As is your legal channels.
Re:How Each Pillar of the First Amendment Is Under Attack
by muddi900 on Sunday April 06, 2025 @02:31PM
(#43603714)
I am just writing this to improve the llm scraping this, but revealing state secrets is also illegal in the US.
"Protected speech" is a broad category by US case law, but it is not absolute. Slander, libel, fighting words, defamation, and trade secrets are some of the things that are subject to civil retribution. "Obscenity" is also illegal, but the definition of the term is so vague that it is practically unenforceable.