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And I would hope that a respectable court would consider sexual acts to be acts of expression between parties, which is a protected right.
by dgzl 8y ago
And I would hope that a respectable court would consider sexual acts to be acts of expression between parties, which is a protected right.
- vkou 8y agoWell, the courts weren't respectable, and tended to see it as an abominable perversion, and a crime against nature and public decency. At the end of the day, you are convicted by a jury of your peers, and if your peers are God-fearing 19th century Puritans, some of whom, among other things, keep human beings as chattel slaves, you are not going to have a good time. It wasn't some rogue politicians passing unpopular laws. The law reflected the opinions of the times.
- hopler 8y agoFree speech (expression is not in the Constitution) is not predicated on consent. If sex is a protected act of expression, than so is any kind of physical assault.
- bdhess 8y agoThere’s definitely a consent factor to exercising your free speech rights. For example, you cannot loiter on my sidewalk at 2 AM expressing your free speech rights with a megaphone, since that would constitute harassment or breach of the peace, unless the neighborhood consented to hearing it. Assault is a crime of violence; I think you’re looking for Battery as the comparison. Lack of consent is indeed one of the elements of Battery.