SavageEagle
Grandmaster
- Apr 27, 2008
- 19,568
- 38
I'm sick of all this political correctness. So what if someone gets offended by a figure of speech? The 1st amendment guarantees free speech, but I have yet to find an amendment that guarantees the right to NOT be offended.
Actually I was reading up on this a little bit... In America's 1st Freedom, for those who are NRA members and get this great magazine, I would like to direct your attention to the article "What's the difference between a 'Living Constitution' and a Dead Document".....
Almost everyone subscribes, at least to some extent, to living Constitutionalsm. Today, we all agree that the First Amendment protests the right of a journalist to write, "The president is an idiot." Yet as the great legal historian Lenard Levy detailed in his book, Origins of the Bill of Rights, when teh First Amendment was ratified, the original understanding of the guarantee of "the freedom of the press" was mainly that it prevented prior restraints. That is, the government could not censor speech before publication, nor could the government forbid someone to publish a newspaper without a government license.
Yet Post-Publication punishment for speech could be Constitutional. Levy demonstrates that when Congress passed the Sedition Act of 1798 during the administration of John Adams, the criminalization of "seditious libel" was consistent with originalunderstanding of the First Amendment. Indeed, the Sedition Act was much more speech-protective than were its British antecedentes. For example, if you wrote, "President John Adams is an imbecile who lacks any understaning of how to perform the functions of the presidency," you could be prosecuted under the Sedition Act. But if you could prove that Adams really was an imbecile, then you would be entitled to an acquittal.
However, as Levy explains, many Americans considered the Sedition Act to be an outrage. And they took out their anger in the election of 1800 in which Jefferson defeated Adams, even though Adams had handily beaten Jefferson in 1796. From then onward, Levy writes, the First Amendment was understood to prohibit even post-publication punishment for writings that criticized the government.
(please excuse any errors as I just read and re-typed that word for word from the magazine....)
So you see, techinally the Founding Fathers would have considered all this libel and we would be charged on Constitutional grounds.
Just some food for thought here.