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Where is this exception? In the history of Constitutions, no constitution explicitly states that violent speech is protected. Because until now, they've never
by gamblor956 2y ago
Where is this exception?
In the history of Constitutions, no constitution explicitly states that violent speech is protected. Because until now, they've never had to...it's always been understood. Indeed, the the First Congress of the U.S. passed the Sedition Act just a few years after America was formed and it remained law until 1920 (when it was repealed by Congress).
For more recent examples, yelling "fire" in a crowded venue is also prohibited (this example is given to law students). It is important to understand that the law separates the content of the speech from the act it represents, so saying the word "fire" is allowed; what is prohibited is the act of doing something that will inflict harm on others by causing terror and mayhem.
As most constitutions are based on the U.S. Constitution, the U.S. history is relevant to Brazil because it demonstrates that no Constitution protects unfettered speech. To apply the above to what is happening in Brazil: the words are protected, but the act of promoting violence is prohibited. Thus, the far-right extremists' accounts are censored (because they are using those words to engage in the act of inciting violence) but everyone else can say what they said because other people aren't trying to incite violence when they quote the extremists.
- matheusmoreira 2y agoThe punishment for incitation of crime is either a fine or imprisonment for up to 6 months. If they're commiting that crime, then fine or arrest them. Don't mess with their thoughts though. As far as I'm concerned, they are and should be free to think and say whatever they want, even if they think violence should be promoted. Democracy is not justified in defending itself until the very second somebody picks up a weapon and tries to put an end to it. If we start censoring people who "call for violence" as part of their politics, oh boy, do I have a huge list of malefactors for these judges. Plenty of openly violent communist revolutionaries in this country, after all. I'm sure this supreme court would do nothing about them even if presented with such a list, though. After all there is a communist judge among them. This is a country where nazis go straight to jail but where socialists and communists walk the soil completely unpunished. That's my biggest issue with decisions like these: the selectivity. Why is it that only one side gets to be extreme? This is just wrongthink.