CivilLiberty said:
Yurt, your points are well taken, however "commercial" speech is afforded only "minimal" protections. Political speech, on the other hand, is afforded the highest protection.
That display is on private property, and it is clearly political in nature, and it is not remotely in the class of "prohibited" speech which is "speech creating an immediate threat to public safety", further defined as "fighting words", "Inciting a riot", and yelling "fire" in a crowded theater. Or as "obscene" meaning of purely prurient interest.
There is also the issue of "time/place/manner", but such laws must be content neutral.
This is not the issue. What *is* the issue is the willingness by some to perform a "covert op" against the residents of the private property. And I was making certain direct comparisons between "acts" and "speech". To simplify the argument I avoided the minutia that you pointed out.
I will comment on this statement though:
No, speech is a fundamental right of man. the constitution does not GRANT us this right, it PROHIBITS the government from TAKING AWAY this right.
A "right" is not something "granted". It simply exists. The *amendments* to our constitution does not grant us rights, it limits the government's powers
Regards,
Andy
That display is on private property, and it is clearly political in nature, and it is not remotely in the class of "prohibited" speech which is "speech creating an immediate threat to public safety", further defined as "fighting words", "Inciting a riot", and yelling "fire" in a crowded theater. Or as "obscene" meaning of purely prurient interest.
A,
It is not "clearly" political speech. There are undertones of taxes, which, as you will read, may be "political," however, there is no standing for it. Therefore, one has to wonder, if one disputes the tax spent, how far does one have to go to "voice" their speech? What is the limit? What are the boundaries?
With that said...
You are correct when this speech will most likely be deemed political, as it is not for profit, though it reaches a mass audience.
However, you are fundamentally wrong about "free speech" being a fundamental right. Review any court case and you will find that your understanding of "fundamental" is wrong.
I think, though, that I understand where you come from. You might (notice the might, hence I pronounce no certainty) believe that because speech is "guaranteed" under the first amendment that is fundamental.
Here is where the difference lies. Fundamental does not need an amendment, it is simply, fundamental. The amendments were approved because the founders recognized the inherent problems in the Constitution. Yes, the Constitution is not perfect, that is why there are amendments.
Here is the important part...
The first "amendment" granted "NOT" the freedom of speech, rather, it "prohibits" Congress from adopting laws that abridge this CONSTITUTIONAL right. Hence, the amendment.
This very type of symbolic speech could easily be deemed to incite violence. Look at various posts here. Btw, just because someone "thinks" it is "political" speech does not political speech it make.
For instance, this person is complaining about their "tax" dollars. And we are then lead to believe by the disgusting display of "speech" that they do not agree that the Iraq military action is good use of their tax dollars. Simply put, Andy, a taxpayer has NO standing to "challenge government expenditures."
So, if you want to get down to the real issue, what are these people talking "speech" about? Well, at first blush it seems about taxes, Andy.
If you read into this protest that is a protest against the military action in Iraq, then you are certainly getting the picture of "free" speech. What are these people saying?
They have zero standing as taxpayers.
Yet, they can voice their dislike about political decisions, such as the Iraq military action. However, they must abide by the first "amendment" and realize that their speech must adhere to those values.