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Freedom of speech and press is not unlimited
Posted on: March 1, 2022 at 09:19:55 CT
ScottsdaleTiger MU
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It is well established American Constitutional Law that freedom of speech is not unlimited. Two long standing classic examples of where freedom of speech can be restricted are:
1. Yelling fire in a crowded theater when there is no fire; and
2. Publishing the sailing times of ships carrying soldiers to a war zone.
3. Another example where it is limited is when a news media outlet publishes intentionally derogatory and false information about someone with malice, with the intention to harm the person. The Sarah Pallin litigation against the New York Times is an example of such a case. The critical decision in the case was the Times did not have "malice", that it just made a mistake.
Further, the article refers to European nations censoring Russian publications. "Freedom of Speech, Press, etc." is an American right. It doesn't necessarily exist in European nations.
Finally, if the Russians are use the press as a weapon, as part of their war strategy, neither the U.S. nor Europe grant unfettered freedom of speech and the press.
1. Yelling fire in a crowded theater when there is no fire; and
2. Publishing the sailing times of ships carrying soldiers to a war zone.
3. Another example where it is limited is when a news media outlet publishes intentionally derogatory and false information about someone with malice, with the intention to harm the person. The Sarah Pallin litigation against the New York Times is an example of such a case. The critical decision in the case was the Times did not have "malice", that it just made a mistake.
Further, the article refers to European nations censoring Russian publications. "Freedom of Speech, Press, etc." is an American right. It doesn't necessarily exist in European nations.
Finally, if the Russians are use the press as a weapon, as part of their war strategy, neither the U.S. nor Europe grant unfettered freedom of speech and the press.
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Freedom of speech and press is not unlimited - ScottsdaleTiger MU - 3/1 09:19:55