Comment by bigstrat2003
2 months ago
> You can wax poetically all you want about endowment by the creator, but try saying racial slurs on daytime TV and see how long that lasts.
You're conflating two senses of "free speech". Free speech is an ideal, which our society does not fully reach (as you correctly pointed out). But in the US, "free speech" is also sometimes used to refer to the legal protection from the first amendment. And in your example, that does apply. I can say all the racial slurs I want on TV, and it would be quite illegal to put me in jail for it.
> I can say all the racial slurs I want on TV, and it would be quite illegal to put me in jail for it.
This is not true.
Under 18 U.S.C. Section 1464, “[w]hoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.” Under 18 U.S.C. Section 1468(a), “[w]hoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.” Likewise, under 47 U.S.C. Section 559, “[w]hoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States shall be fined under Title 18 or imprisoned not more than 2 years, or both.”
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The Espionage Act of 1917 is still on the books today and it limits speech. But sure bud, I bet it's going away any day now!
It's a good thing that natural rights are a real thing and not just something you enjoy ranting into your computer about.
17 replies →
People in other countries also have natural rights. Even if they live under oppressive governments, the right to free speech still exists. It's the same logic used by abolitionists to justify ending slavery.
"Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal, fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights.
Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights."