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Cake day: June 28th, 2024

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  • That decision was made in the 60’s, not today. I was trying to write analysis as neutral as possible, not to say which side is morally correct. And while the political situation in the US is dire and the incumbent admin absolutely blatantly violated, among others, freedom of speech (Perkins Coie LLC V DOJ, a case under which hundred of amici signed in support of the Plaintiff) and it is true that Brandenburg, actual KKK leader, was a piece of shit on another level, the decision still stands.


  • Yeah, that’s true. Generally, I think the Constitution needs a lot of revision as it fails to properly protect the civil rights of its citizens so a bunch of corrupt assholes (looking at you Clarence Thomas) cannot just disappear them in a whim.

    Also the decision was made in the 60s by the liberal Warren court (the one that, among others, ended institutionalized segregation in the public sphere (Brown V BoE))



  • I’msorry, but legally speaking that is not the case. In the US, which specifies freedom speech ‘as is’ (cited)

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    the Supreme court decided that hate speech is, in most cases protected (see Imminent Lawless Action test, Brandenburg V Ohio)

    Of course, all nations aren’t the US and for instance my country, Czech rep, allows limiting free speech, but it outlines this specific reasoning in its Bill of Rights, specifically §17(4) of 2/1993 Coll. Said Article says that ‘For the reason of protecting democracy, the law can limit free speech…’ and I assume the Finnish Constitution has a similar clause.

    But the plain expression ‘freedom of speech’ does protect hate speech. That being said, even the afformentioned US limits free speech as it allows individuals to sue for libel and defamation and allows the state to prosecute someone for meaningful threats.