Does the first amendment allow someone to display an ISIS flag?

[InfoQuest]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

The ACLU became involved in a case in California when a student had the US flag on her back pack (or clothing). The school had barred her from attending classes unless she removed the flag. The school reversed that decision when the ACLU threatened to take the school district to court for violating her First Amendment rights.

The Constitution trumps school decisions, local and state laws, and personal opinion about what is appropriate and what isn't.

 

[Agit8r]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

It is protected speech. Though it is not protection from every hindrance; only that from government. It won't protect against eviction, for instance.

 

[Syriusly]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Interesting question. Since we have identified them as an enemy to the United States, I believe the first Amendment does not protect you to promote the enemies of the United States.

 

[Luddly Neddite]

The old screaming "fire!" in a packed theater dilemma. I think the Founding Fathers should have broken the First Amendment into two categories: common sense free speech, and really fucking stupid free speech.

Tom Sweetnam

What constitutes "common sense"?

To whom is it common sense?

Who gets to decide that?

No. The First Amendment is important to us because its absolute and non-negotiable.

 

[Zoom-boing]

If it's free speech, isn't that speech saying that one supports isis, a terrorist organization that wants to kill/destroy Americans/America? Wouldn't that be considered treason?

 

[PratchettFan]

If it's free speech, isn't that speech saying that one supports isis, a terrorist organization that wants to kill/destroy Americans/America? Wouldn't that be considered treason?

No. It wouldn't.

 

[gallantwarrior]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

The ACLU became involved in a case in California when a student had the US flag on her back pack (or clothing). The school had barred her from attending classes unless she removed the flag. The school reversed that decision when the ACLU threatened to take the school district to court for violating her First Amendment rights.

The Constitution trumps school decisions, local and state laws, and personal opinion about what is appropriate and what isn't.

When I was a 1SG, a couple of my troops complained about another soldier who displayed the Stars and Bars in his room. After an inspection of the barracks, I determined that any and all "offensive" displays might be forbidden, that included the Malcom X and red-green-black flags on display as well. Equal application of the regulations was in order, if one display was to be forbidden, so, too, all others of similar nature. Needless to say, those making an issue about the Stars and Bars shut up when they were notified that their "decorations" were also included in any new mandate.

 

[gallantwarrior]

If it's free speech, isn't that speech saying that one supports isis, a terrorist organization that wants to kill/destroy Americans/America? Wouldn't that be considered treason?

You can wear a PETA t-shirt, and they're a domestic terrorist organization.

 

[emilynghiem]

The old screaming "fire!" in a packed theater dilemma. I think the Founding Fathers should have broken the First Amendment into two categories: common sense free speech, and really fucking stupid free speech.

Tom Sweetnam

What constitutes "common sense"?

To whom is it common sense?

Who gets to decide that?

No. The First Amendment is important to us because its absolute and non-negotiable.

Ha ha of all people to say that!

Luddly Neddite people decide on their own what their limits and standards are.
As you constantly judge other people for what they say.

Everyone decides that. We do it all the time.

 

[emilynghiem]

The way I'd check Free Speech is to cite the rest of the First Amendment in full context, which INCLUDES
"the right of the people peaceably to assemble" (and to petition for redress of grievances).

So if you abuse free speech to cause a BREACH or Disruption of the peace,
you are affecting the right of others to assembly peaceably and securely.

These rights and freedoms are equal, as part of the same law,
and should be exercised in balance with each other.

The old screaming "fire!" in a packed theater dilemma. I think the Founding Fathers should have broken the First Amendment into two categories: common sense free speech, and really fucking stupid free speech.

If your point is to make a statement, the school or other people can be involved equally in making an agreed decision how this can be made without any unintended negative reactions or complications.

If your point IS to protest and disrupt school functions, this should ALSO be worked out in advance,
if getting arrested and/or going through the democratic process is part of your statement.

The really organized and experienced activists take the time to plan out the protest in advance WITH THE OFFICIALS affected and agree on all steps that will or will not happen so there are no surprises that get anyone hurt or put at risk, or cause unforeseen damages, costs or consequences.

 

[Luddly Neddite]

The old screaming "fire!" in a packed theater dilemma. I think the Founding Fathers should have broken the First Amendment into two categories: common sense free speech, and really fucking stupid free speech.

Tom Sweetnam

What constitutes "common sense"?

To whom is it common sense?

Who gets to decide that?

No. The First Amendment is important to us because its absolute and non-negotiable.

Ha ha of all people to say that!

Luddly Neddite people decide on their own what their limits and standards are.
As you constantly judge other people for what they say.

Everyone decides that. We do it all the time.

emilynghiem

Of course we judge others by their words but that's a lot different than legislating the words or actions of others which is what Tom Sweetnam suggested.

Or can you post a link to where I said the Constitution should have been written differently or should now be changed?



I stand by what I wrote:

The First Amendment is absolute and non-negotiable.

IMO, that cannot and should not change.



.

 

[JWBooth]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Yep, just as you have the right to flip them off at every opportunity. Wanton stupidity doesn't bother me. Hell I've even read Dottie, Thanatroll, and Ravir posts.

 

[emilynghiem]

The old screaming "fire!" in a packed theater dilemma. I think the Founding Fathers should have broken the First Amendment into two categories: common sense free speech, and really fucking stupid free speech.

Tom Sweetnam

What constitutes "common sense"?

To whom is it common sense?

Who gets to decide that?

No. The First Amendment is important to us because its absolute and non-negotiable.

Ha ha of all people to say that!

Luddly Neddite people decide on their own what their limits and standards are.
As you constantly judge other people for what they say.

Everyone decides that. We do it all the time.

emilynghiem

Of course we judge others by their words but that's a lot different than legislating the words or actions of others which is what Tom Sweetnam suggested.

Or can you post a link to where I said the Constitution should have been written differently or should now be changed?



I stand by what I wrote:

The First Amendment is absolute and non-negotiable.

IMO, that cannot and should not change.



.

We can choose to interpret it to apply as natural laws for all people with equal responsibilities for governance:

* free exercise of religion as everyone's equal executive power to act on our own free will, with respect to the same rights and freedoms of others
* freedom of speech and of the press, as judicial and legislative power to write and interpret our own contracts so we make and enforce policies and procedures by consent
* right of the people peaceably to assemble and to petition EACH OTHER for redress of grievances. if the PEOPLE are the GOVERNMENT, then if we address objections
and resolve conflicts directly with each other first, we retain direct say in policies.
but if we keep "running to mommy and daddy" and rely on courts and legislatures
to force solutions then we gamble with our rights and lose our equal protections.

How we "interpret" different beliefs, and how much responsibility we accept to resolved conflicts on our own can determine how much power we keep and how much we give away to parties and politicians to legislate for us and run amok with our tax money. if we control the dialogue, and what we agree to fund or not, then the people are indeed the government, and we hire and fire, appoint and assign leaders to work for us and represent us at will, instead of giving this power to other people we can't control.

 

[Cecilie1200]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

I wasn't aware that ISIS had an actual flag, and I'm really confused as to why you have to ask this question?

 

[featherlite]

I can see a flag representing the country someones from...but not a flag that represents a known terrorist group.
( although at one time the confederate flag was considered a terrorist flag of the south)

Anyone regularly displaying a flag or flags on their personal property is a potential nut imo.

 

[InfoQuest]

I can see a flag representing the country someones from...but not a flag that represents a known terrorist group.
( although at one time the confederate flag was considered a terrorist flag of the south)

The Confederate States of America and the Islamic State are both examples of a large segment of the population breaking off from established nations to carve out territory for a new state.

It's a mistake to view the Islamic State as simply a terrorist group. It's soldiers use terrorist tactics, but Islamic State is the latest manifestation on a pan-national movement that has a long history. Re-establishing the caliphate and sharia-based theocracy has been the Islamists' agenda for decades. The Islamic State is an indication that ideology continues to gain momentum.

 

[hortysir]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

And I have the right to call them assholes

 

[PratchettFan]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

And I have the right to call them assholes

Absolutely. Ya gotta love the first.

 

[suplex3000]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

And I have the right to call them assholes

just be careful and keep your gun loaded

 

[Uncensored2008]

What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Yes, the 1st protects one from government action for flying an ISIS flag.

They might rightfully get their ass kicked, but the government won't touch them - in fact Obama will probably praise them.