Freedom of Speech a Criminal Offense

[BLAZER PROPHET]

http://www.latimes.com/news/nationworld/nation/la-na-craigslist-libel4-2008dec04,0,2332954.story

Tough times in Colorado.

 

[maxiep]

I wholeheartedly believe in the right to offend anyone. You don't fuck with the First Amendment or it will fuck with you.

 

[BLAZER PROPHET]

I wholeheartedly believe in the right to offend anyone.

Absolutely. I mean, look at some of the people around here.

 

[Jurassic]

There is a difference between first amendment rights, and slander (which you can easily be sued for, and is not justified by the constitution).

Funny thing is, the lady didn't say that his comments weren't true, simply "defamatory". So if he was speaking the truth, this shouldn't be an issue. If he was slandering her name, then he deserves to be taken to court.

 

[oldmangrouch]

A very unusual case. It *might* pass constitutional challenge, IF the charge is based on the guy making false criminal charges.

 

[BLAZER PROPHET]

There is a difference between first amendment rights, and slander (which you can easily be sued for, and is not justified by the constitution).

Funny thing is, the lady didn't say that his comments weren't true, simply "defamatory". So if he was speaking the truth, this shouldn't be an issue. If he was slandering her name, then he deserves to be taken to court.

I have no problem with him being liable in a civil sense. But to be brought up on criminal charges seems over the top.

 

[maxiep]

There is a difference between first amendment rights, and slander (which you can easily be sued for, and is not justified by the constitution).

Funny thing is, the lady didn't say that his comments weren't true, simply "defamatory". So if he was speaking the truth, this shouldn't be an issue. If he was slandering her name, then he deserves to be taken to court.

The issue here is that it's being tried in criminal, not civil, court.

 

[bodyman5001]

They better hope they don't do that to someone crazy like...well not me but someone crazy who would get out and do a million worse things now that they have a criminal record.

Every district attorney that has ever lived says something like "we are obligated to enforce the law" and then in most cases a few months later the newspaper breaks a story where the DA's brother got let go for drunk driving like ten times.

 

[MARIS61]

This country has mentally regressed so much in the last 3 decades it's embarrassing.

 

[Denny Crane]

There is a difference between first amendment rights, and slander (which you can easily be sued for, and is not justified by the constitution).

Funny thing is, the lady didn't say that his comments weren't true, simply "defamatory". So if he was speaking the truth, this shouldn't be an issue. If he was slandering her name, then he deserves to be taken to court.

The constitution justifies slander and libel by govt. officials while doing their official duties.

A very unusual case. It *might* pass constitutional challenge, IF the charge is based on the guy making false criminal charges.

That's it in a nutshell. It's a crime to make false criminal charges. It's illegal to call the fire dept. to a fire that isn't happening.

http://www.highbeam.com/doc/1P3-592476871.html

The issue here is that it's being tried in criminal, not civil, court.

The difference between "your mama wears army boots" and "your mama robbed the 1st state bank" is substantial...

 

[Denny Crane]

http://mplscrimewatch.blogspot.com/2007/08/charges-filed-in-false-report-against.html

Charges filed in false report of police misconduct

August 1, 2007 (MINNEAPOLIS) A Minneapolis woman has been criminally charged for falsely reporting police misconduct after alleging that two, on-duty Minneapolis police officers sexually assaulted her.

 

[Jurassic]

The constitution justifies slander and libel by govt. officials while doing their official duties.

That's interesting, gotta admit I didn't know that. But obviously that doesn't apply to this case. Where is that stated?

 

[Denny Crane]

Article I

<emp>Section 6.</emp> The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

This is why Ted Kennedy has been allowed to slander anyone he chooses, or for Reid to call Bush a liar, or for Lindsey Graham to call Clinton a criminal (during the impeachment trial).

While the part in bold seems limited to "in either house" - meaning on the floor of the senate or house of representatives, it has been extended to a much broader meaning. That slippery slope starts with the thinking that a congressperson talking to the press on the steps of the capitol is for all intents and purposes still making the same kinds of public debate they do on the floor.