3 ms·
Never? What then does the word “right” mean in this sentence? I thought by definition, if you have the right to do something, the authorities cannot punish you
by function_seven 3y ago
Never? What then does the word “right” mean in this sentence? I thought by definition, if you have the right to do something, the authorities cannot punish you for exercising that right.
No, what’s happening here is that SBF is in pretrial custody, and when a defendant is in that situation, they lose many of their constitutional rights. Courts assume the level of control that they need to ensure a fair trial.
Outside of certain circumstances, the 1st Amendment does mean that you are free from official consequences for your speech, such that it is protected. This is why the NYT will never see government sanction for their publishing Caroline’s diary. SBF obviously has, though.
(FWIW, your comment is usually used to defend consequences imposed by other members of society, not the government)