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Don't get me wrong, I'm not knocking the First Amendment. I'm just pointing out that the situation is more complex that people usually appreciate. The First Ame
by vacri 9y ago
Don't get me wrong, I'm not knocking the First Amendment. I'm just pointing out that the situation is more complex that people usually appreciate. The First Amendment is just a plank in the arena of 'free spech', it's not the source of it (after all, free speech exists in countries that don't have the US constitution).
I mean, take your example of the boss firing you for saying 'go to hell'. It doesn't make sense; it doesn't make any real-world differentiation to other countries. In what western democracy do people get jailed for telling their boss to go to hell? You have to go to some pretty extreme authoritarian states before you start to get to behaviour like that.
My point is that merely quoting the First Amendment is not sufficient to carry an argument on free speech. There are lots of indirect ways to suppress speech, and I gave an example link. That's why the US isn't up at #1.
I mean, look at the rest of the US Bill of Rights. Amendments 1 and 2 are the poster-children, though 1 isn't perfect as we're discussing. The third amendment is now utterly irrelevant. The fourth amendment is routinely ignored, given things like 'civil forfeiture' and SWATting. Fifth amendment is mostly intact, excluding again things like 'civil forfeiture'. The sixth amendment is sick and dying, with plea bargaining replacing the vast bulk of trials, and trials hardly being called 'speedy' these days. Seventh I don't know much about. Eighth is long gone, with extremely long sentences given out to poor people for non-violent crimes, and frequently ridiculous sums given for bail. The ninth is a curio pertaining to law. The tenth is a source of lots of controversy, with all sorts of arguments about what is states rights and what is not.
What I'm trying to get at with all that waffle is that despite these things being "enshrined" in the constitution, it doesn't mean that that's the way society behaves. "It's in the constitution, therefore it must be so!" is not always the case.
- freedomben 9y agoI totally agree with your analysis :-) I wish there were a way to get people to care more about their rights, but I have no ideas.