Comment by UncleEntity
2 months ago
Ok...
First, it is 100% free speech.
Second, the government isn't allowed to make laws prohibiting the exercise of free speech based on the content of said speech. Nor can it take actions which are arbitrary or capricious.
Third, restrictions on free speech MUST fulfill some overriding public good like yelling "fire" in a crowded theater or words meant to incite violence. Slander, libel, &etc.
Fourth, why is it even necessary to explain this?
I'm not convinced modern advertising qualifies as free speech. It's often manipulative, used by bad faith actors, used for tracking, slows websites down, is obtrusive, disrupts concentration, etc.
None of those things exempt something from speech protection in the US, as far as I'm aware. Different countries have different laws, but here you are legally allowed to say just about anything (including way worse stuff than any of the things you mentioned).
> First, it is 100% free speech.
It's speech for sure.
> Second, the government isn't allowed to make laws prohibiting the exercise of free speech based on the content of said speech. Nor can it take actions which are arbitrary or capricious.
Except that they can and do, as you outline below. All laws are arbitrary.
> Third, restrictions on free speech MUST fulfill some overriding public good like yelling "fire" in a crowded theater or words meant to incite violence. Slander, libel, &etc.
Firstly, the fire thing is a myth. Secondly, so we're just quibbling on "overriding" then?
> Fourth, why is it even necessary to explain this?
Well because none of your points are that conclusive?
> Except that they can and do, as you outline below. All laws are arbitrary.
The third rule follows from the second, the government isn't allowed to curtail speech except under extraordinary circumstances which has been whittled down to basically "panic and disorder" and "fighting words". The other two are civil torts if I'm not mistaken, you can't be arrested for slander or libel. There's others but they are extremely limited.
> Firstly, the fire thing is a myth.
Go spread panic and see how fast you get charged with disorderly conduct or whatever the equivalent local statute is. Bonus points if someone is harmed by your actions.
> Secondly, so we're just quibbling on "overriding" then?
No, the Supreme Court has some pretty hard and fast rules on this.
> There's others but they are extremely limited.
By the laws that people write which the article proposes to change.
3 replies →
> It's speech for sure.
Good point. It’s specifically paid speech that’s the problem.
Are cigarette ads still free speech? Are you saying those should be legal again?
> Are cigarette ads still free speech?
Apparently there was a "significant public health crisis associated with tobacco use" according to the google.
I'm not even sure they're universally banned, I don't pay that much attention but seem to recall still seeing them in the windows of gas stations and whatnot.