Philospohical Debate

[Guest Sandman9000]

This has been bothering me for a couple days.  If anyone could shed insight onto this topic, mad props to ya.

 

If my mom, or anyone else, tells me that "If I have nothing nice to say, don't say anything," are they infringing on my First Amendment rights?

[Guest Big Poppa Popick]

not philosophical, but lawful debate buddy

 

answer to your question, no, because they in fact hold no binding power over you with that statement

now, if they held something in the effect to guarantee you would not say anything, then yes

 

shit man, i do this for a living

[Guest Sandman9000]

All right, but what about this.

 

Now, upon the event of my "not saying anything nice,"  the infringer takes it upon themselves to remove various possessions or privlidges from my person, at which point giving the impression that words of a certain variety are punishable.  Since there are obvious negative results occuring from my words, would this be infringing upon my First Amendment rights?

 

And I spelt the title wrong.  Shit I'm stupid.

[Guest Big Poppa Popick]

are you a minor or not a minor?

 

if a minor, you're under legal protection of your parents/guardians, and they have certain abilities/rights over any behavior as theyre financially/ethically responsible

 

if not, and you're declared financially independent (ie they are not claiming you as a dependent)

then they cant say shit like that

 

you can aim me at stephenjosephp for more questions

[Guest Sandman9000]

18, so not a minor.

 

And it's not a big deal, I was just wondering.  I don't shut up long enough for anyone else to get a word in anyways.

[Guest Ace309]

Now, Poppick, correct me if I'm wrong, but hasn't the Supreme Court taken First Amendment incorporation in the states (and I'm assuming that incorporation in the states would imply incorporation into further local governments, including but not limited to the city and the Benevolent Dictatorship of Mom) in a general direction of speech and conduct regarding government only?

 

So if you say something "not nice" about your ugly cousin Julie, they can infringe... but if you say something "not nice" about Mom, they can't.

[Guest]

Neat. I never thought of this before. I'm 18 also, but I'm claimed as a dependent still. I guess my mother can still tell me to shut the hell up. Good thing I don't live with her.

[Guest evenflowDDT]

Just curious... what's considered "nice"? If "not nice" falls under such items as "clear and present danger", then you're really not supposed to say it at all.  Trying to remember government class... "Schenke vs. United States"? Schenke vs. somebody...

[Guest LooseCannon]

It was Schenk v U.S.  But that case isn't really relevant.  Maybe the fighting words doctrine from Chaplinsky is relevant, but not really.

 

Non-government entities are constitutionally permitted to use their influence to prevent you from exercising freedoms.

 

Only governments, and entities where the govt has significantly involved itself or encouraged the action or where the entity performs "government functions" can unconstitutionally deny someone their first amendment rights.  It's called the state action doctrine.

See Moose Lodge v Irvis, Flagg Bros v Brooks, Rendell-Baker v. Kohn, Shelley v Kramer, Columbia Broadcasting Corp v. FCC, Jackson v Metropolitan Edison, Marsh v. Alabama, and generally "The civil rights cases" for the contours of this doctrine.

[Guest Ace309]

Well thanks for ruining several days of tongue-in-cheek, Loose.