So then you don't have a right to READ the press either if we follow that line of thinking. And you don't have the right to LISTEN to someone else give a speech either , right? The government will not interfere with the press but there is no express right for you to read what is printed. The governemnt will not interfere with speech but you have no right to listen.
Of course I have the right to insult anyone I want because I can say whatever I want as long as I don't cross the legal boundary of libel.
And the Constitution didn't ban alcohol the people banned alcohol and changed the constitution via the amendment process.
So if we take your line of thought farther there is no right to an abortion because it is not expressly stated. You don't have the right to eat junk food and get fat either right?
But I can argue that I have supreme authority over my person and that is how the Constitution is interpreted which is why abortion was deemed protected.
No, you still don't have the right to insult someone.
Whether there is a right to abortion or not is debated massively, some put it under the right to privacy.
No, you don't have the right to junk food. You can eat junk food legally. But there's nothing to stop the govt from banning junk food.
Your argument is that there are two things. Things you have a right to do, and things that are illegal. There's nothing in between.
But what happens when something is legal, and then is illegal the net day? Did you simply stop having the right simply because the govt makes it illegal? If the govt made writing news stories illegal, would you then say "oh, it's okay, because I don't have this right"?
So even though the first amendment protects freedom of speech you do not have the right to read or listen to anyone else's speech correct?
and I do have the right to eat whatever I want even if the sale of junk food is banned, which it never will be. I can bake my own cakes cookies pies etc and make my own ice cream unless of course you think we do not have a right to eat at all
The fact is I have the right to say whatever I want short if crossing the line of libel. I can call anyone I want an ignorant mouth breathing knuckle dragging idiot and I have the right to do so.
The issue here is that the Constitution protects only the publishing of things. The assumption here is that if something is protected to publish it, then there's no need to make the reading of it protected by rights.
You can bake your own cakes, but you can't necessarily buy the cakes of other people. You don't have the RIGHT to at whatever you want, but you can legally do something.
Yes, you can call someone an ignorant mouth breathing knuckle dragging idiot if you like. But you DON'T have the right to do it. You can legally do it.
What is a right? A right is actually the taking away of power from a group. A right is stronger than a law. Laws can be changed easily, rights are harder to change. People think they have rights to just about everything, when the reality is they can just do them without breaking the law, or some times without getting caught.
I do have the right to.
I have the right of free speech do I not?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
So it seems I do have the right to insult anyone I want to.
Dear
Skull Pilot
The law works both ways because other ppl have rights too.
If you insult someone they can insult you back. If you are okay with that then you're equal under law.
If you insult someone with false statements causing damages such as slander libel defamation fraud harassment etc, then the person harmed can pursue actions against you depending on the case.
You get what you give
Skull Pilot
If you respect ppl they tend to respect you.
If you respect their free speech they tend to respect yours
But if you insult and incite ppl by abusing free speech to express false misleading misrepresentation or fraud, then you might invoke similar reaction.
People are human and will reciprocate. So if you want your rights and freedoms respected for you, including due process of laws where you don't declare anyone guilty or at fault without first offering proof and defense to establish Truth and justice, then you practice the same for others as you want for yourself
If you don't appreciate being insulted by someone without proof you did something wrong to deserve criticism, then don't insult others that way. If you are okay being maligned or judged as negative by someone, without proof or defense through due process, then you can keep practicing insults this way and get the same in return done to you.
I personally discourage this, and prefer ppl respect the principle of due process of law, assuming ppl are right until a correction is proven, and working to resolve such conflicts without attacking or insulting anyone. Usually the corrections made are mutual so ppl come out even, with as much to share with others as they receive in return.
Thanks
Skull Pilot. Enjoy and celebrate your free speech. Use it but don't abuse it or you lose it.