The first amendment is not about the actual speech like using a bullhorn. That was a dumb comparison. The speech that is being talked about is more general and originally of a political nature only. Don't try to make more of it than there is like so many liberals.
Originally Posted by JD Barleycorn
Actually, the bullhorn example is NOT a dumb comparison. It is taught in law schools as an example of how free speech may be restricted. The speech restrictions have to be restrictions on time and place and they must be content neutral in order to pass constitutional muster. And that is not a liberal stance, it is a conservative one also. So the example stands.
At one point "fightin words" were not covered by the first amendment. You can also threaten someone life without going to jail. Note the words of Alec Baldwin who wanted a Congressman and his family stoned to death. I didn't see him go to jail for that. Of course it used to be that if you did make such a threat then it was called assault and if the subject of your assault kicked your sorry ass then you were stupid for starting trouble.
Originally Posted by JD Barleycorn
What makes you think you can't go to jail for threatening someone's life? To qualify as assault, the threat has to be real and immediate and has to put the person in fear of bodily harm. Do that and you go to jail.
The law doesn't punish ABSTRACT threats of violence, like Alec Baldwin's comment. He wasn't in the Congressman's presence and making an immediate and serious threat to harm or kill him. For THAT reason, it did not qualify as assault. But don't make the mistake of thinking you can threaten to kill a guy who cuts in front of you at Starbucks and that you will get away with it.
If you are at a political rally and you tell everyone that "if the mayor does not stop the 'stop and frisk' police actions, then we are going to go down to City hall and drag his sorry ass out into the street and tar and feather him", it is treated as hyperbole and is protected speech. If you are actually AT City Hall during a rowdy protest and you start yelling at people to "Charge the police barricades and beat the mayor bloody!", you will go to jail for incitement to riot. It is all about the immediacy and seriousness of the threat. Don't think otherwise.
I also gave you examples of libel, slander, and aiding the enemy, which you ignored.
I can also give you examples of blatant false advertising that is punishable by the law. Do I need to go on to demonstrate that not even the first amendment is absolute?
And that is neither the liberal or conservative position, it is just the traditional interpretation of free speech that we inherited from English common law and that predates the Constitution. The Constitution codified it in a way the English common law did not and it expanded on speech rights, the freedom of speech did not start in a vacuum and certainly did not wipe out centuries old laws regarding libel, slander, assault, etc.
As for second amendment rights, wrong again XNYR I can get a gun without a license legally, I don't need a permit to own a pistol, I bought my first gun when I was 16 and that law has still not changed, In 37 states you can get a concealed carry permit and in many other states you do not need a permit to carry a weapon openly. If I check my weapon at the entrance my pistol can go on the plane in luggage and pick it up at my destination. I can go down and buy a .50 caliber rifle right now if I have the money. If I want to get a license I can buy a fully automatic weapon or have a weapon with a sonic suppressor.
XNYR, this is not New York, the world is not New York. You are woefully ignorant of the gun laws in this country and so is your little lap dog Whatzup.
Originally Posted by JD Barleycorn
Actually, you just disproved your own argument by pointing out the differences in STATE laws. If the second amendment was absolute there would be NO differences in state laws, would there?
You are using the laws of the least restrictive states as proof that the second amendment cannot be infringed. The law doesn't work that way.
You just conceded that 13 states won't give you a concealed permit and that other states won't even allow you to carry openly. The fact that some states are more permissive than others doesn't prove the second amendment is absolute, Quite the contrary, it demonstrates it is a regulated activity.
Try getting a gun in NY or CA when you are 16. Try to buy a .50 caliber anything in NYC and see what happens. Ask Plaxico Burress about owning a gun without a permit in NY.
I also rattled off a litany of restrictions on gun ownership and you addressed only some of them. What about the rest?
Can you take your 50 caliber onto a plane?
If you were 16 again and had your gun, could you take it into a courthouse?
Can you take your weapon with sonic suppression into a school?
So, no, I'm not woefully ignorant of the gun laws in this country. I'm pretty knowledgeable about them, even if I am from NY.
And just so you know where I stand on gun ownership, I have a CHL.
I just don't think gun owners need to have the biggest bazooka technology can create for their own personal use. It is entirely possible to have intelligent restrictions on gun calibers and magazine sizes to reduce the levels of street violence and mass murders.
I'm a libertarian, but I'm not a nut.