Freeze Peach

Many people seem confused about the concept of freedom of speech. The First Amendment literally constrains only congress. Here it is:Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.The courts generally understand that this also constrains the executive, since there cannot in principle be a law that gives the executive (i.e. the president) the power to violate these prohibitions. Subsequently, the 14th Amendment extended these constraints to the states.  The courts have also concluded that this should not be taken too literally. Many crimes are committed by means of speech. Frauds and cons are not legal, nor are coercive threats and dangerous deceptions. (The classic " yelling ' Fire ' in a crowded theater. " ) Although the amendment was obviously intended to protect political speech, the courts have, in my view unfortunately, extended it to commercial speech which is why it is so difficult to regulate deceptive advertising. Individuals who are defamed can sue, although the courts have made it difficult to sue " public figures, " as probably it should be. People will make mistakes, but only willful or recklessly negligent defamation of public figures is actionable.So what ' s the current brouhaha about " cancel culture " or claims that " the Left ...
Source: Stayin' Alive - Category: American Health Source Type: blogs