4 ms·

If Congress can ban some speech because it's deceptive, then Congress can ban some speech.

• tptacek 11y ago
  They can't ban speech for being deceptive. They can only ban deception intentionally deployed for purposes of coercing other people. Similarly, "give me your wallet or I will shoot you" is also in a sense speech. That distinction might not matter to you; fine. I have a bigger qualm with the Executive Order question.
  • gohrt 11y ago
    The EO question is just highlighting that 1st Amendment only applies to Congress. It isn't quizzing you on the rest of US law.
  • ikeboy 11y ago
    And a strict reading of the first amendment would allow "give me your wallet or I will shoot you". Of course, it could punish you for actually shooting, and so the threat may be incredible. I wonder if congress can ban a mixture of the first and second on a literal interpretation? That is, allow people to bear arms, and allow them to threaten to shoot, but not at the same time? That would be a fascinating legal question in the alternate strict-law universe.