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-   -   Stick I (http://www.professionalsoldiers.com/forums/showthread.php?t=1031)

longrange1947 03-20-2004 08:42

Quote:

I think it free speech applies to the government, not individuals. I think it means what it says.
Now I know you are trying to throw chum in the waters! :D

When an amendment has the words "the right of the people", then it is generally accepted to mean just that , the people. As in "We the People....", A fact loss on the antigunners and the 2nd Amendment.

(Go see Stick II)

NousDefionsDoc 03-21-2004 16:15

I'm not following you. The way I read it, the whole Bill of Rights is directed against the government trampling the folks. Not to allow on folk to say whatever he wants to another folk.

Roguish Lawyer 03-21-2004 16:17

Quote:

Originally posted by NousDefionsDoc
The way I read it, the whole Bill of Rights is directed against the government trampling the folks. Not to allow on folk to say whatever he wants to another folk.
This is correct. Absent "state action," there is no constitutional claim to be made. I can kick you out of my house if you call John Wayne a 'mo, for example. :D

NousDefionsDoc 03-21-2004 16:22

Right. So if I, as an individual not an agent of the government making a law, tell somebody to shut up, I am in no way violating their right to free speech.

Roguish Lawyer 03-21-2004 16:25

Quote:

Originally posted by NousDefionsDoc
Right. So if I, as an individual not an agent of the government making a law, tell somebody to shut up, I am in no way violating their right to free speech.
Correct.

NousDefionsDoc 03-21-2004 16:36

Good. Now that we've established I am correct on freedom of speech.

Quote:

Congress shall make no law respecting an establishment of religion
I say in the Alabama there was no violation by the judge. Now, if Congress had passed a law saying "There will be a statue of the 10 Commandments in every courthouse in America, then there is a violation.

Surgicalcric 03-21-2004 16:40

Now I interpret this to mean the gov't shall not establish a state religion. It is not regulating when or where a person can worship according to their individual religion.

Alabama was wrong IMHO.

Roguish Lawyer 03-21-2004 16:55

Quote:

Originally posted by NousDefionsDoc
I say in the Alabama there was no violation by the judge. Now, if Congress had passed a law saying "There will be a statue of the 10 Commandments in every courthouse in America, then there is a violation.
You are ignoring the 14th Amendment.

NousDefionsDoc 03-21-2004 17:02

Quote:

Originally posted by Roguish Lawyer
You are ignoring the 14th Amendment.
How so?

Roguish Lawyer 03-21-2004 17:12

Quote:

Originally posted by NousDefionsDoc
How so?
http://www.law.cornell.edu/constitut...ndmentxiv.html

Quote:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

NousDefionsDoc 03-21-2004 17:16

Yeah, I read it. How was the judge violating it and which part?

Roguish Lawyer 03-21-2004 17:28

Quote:

Originally posted by NousDefionsDoc
Yeah, I read it. How was the judge violating it and which part?
He put a religious display up in a state courthouse. You can't do that.

Surgicalcric 03-21-2004 17:30

Where did you get that from RL? I did not see that in there anywhere.

NousDefionsDoc 03-21-2004 17:39

Quote:

Originally posted by Roguish Lawyer
He put a religious display up in a state courthouse. You can't do that.
How do you get that out of the 14th?

Roguish Lawyer 03-21-2004 18:06

Quote:

Originally posted by NousDefionsDoc
How do you get that out of the 14th?
The 14th amendment applies the first ten to the states. There is a bunch of case law on this, but it is 1st amendment case law for the most part.


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