House Impeachment Threatens Freedom of Speech

Discussion in 'Political Opinions & Beliefs' started by RodB, Feb 5, 2021.

  1. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    47,848
    Likes Received:
    19,639
    Trophy Points:
    113
    See post 265. You're wrong.
     
  2. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    47,848
    Likes Received:
    19,639
    Trophy Points:
    113
    See post 265. You're wrong.
     
  3. grapeape

    grapeape Well-Known Member Past Donor

    Joined:
    Jul 26, 2015
    Messages:
    17,069
    Likes Received:
    9,458
    Trophy Points:
    113
    Ill bet you $1000 that Trump and Gulliani loose, which will prove this wrong. These are not statements of political origin, they are know lies based on the fact that they had no evidence to make them with.
     
  4. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    47,848
    Likes Received:
    19,639
    Trophy Points:
    113
    No. It won't. Because nothing in post 265 deals with libel or slander or defamation.
    -You- state that the 1st amendment does not protect lying. Period. Full stop.
    Post 265 proves you wrong.
     
    Last edited: Feb 10, 2021
  5. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    47,848
    Likes Received:
    19,639
    Trophy Points:
    113
    Post 265 proves you wrong.
     
  6. Patricio Da Silva

    Patricio Da Silva Well-Known Member Donor

    Joined:
    Apr 26, 2020
    Messages:
    31,994
    Likes Received:
    17,305
    Trophy Points:
    113
    Gender:
    Male
    well, not all lies have consequences which a court would construe as actionable.

    Someone can tell a fib that winds up hurting your feelings, but good luck winning a lawsuit over something like that. But, if it rises to 'slander' then you'd have a cause of action, but the harm better be substantially more than hurt feelings.


    It's all about consequences, eh? What good is a law if there are no consequences for defying it?

    If a lie doesn't harm, then that lie is protected. Atmospheric damage is not enough (such as it hurt my friend's feelings).

    How many ads tell the truth? are they not protected by the 1st Amendment. Most are.

    How many times has a judge ruled on someone suing for false advertising, but when the rubber hits the road, the judge says, nah, this really isn't false advertising, it's 'sales talk' ( new and improved, better than all the others, etc. Lies? Perhaps, but 1a protected ) .

    Where you can sue for false advertising is for a specific but failed claim. such as, This Widget Doll is supposed say 'wodget' when you pull the string, but when you pull the string, it belches instead. But this isn't 1a defense, this is false advertising, a tort.

    Ianal, but that's what makes sense to me.
     
    RodB likes this.
  7. Patricio Da Silva

    Patricio Da Silva Well-Known Member Donor

    Joined:
    Apr 26, 2020
    Messages:
    31,994
    Likes Received:
    17,305
    Trophy Points:
    113
    Gender:
    Male
    If the lying resulted in substantial financial damage, lost contracts, the cost of repairing a damaged reputation, THAT is actionable.
    That is slander. Slander is NOT protected by 1a, but you have to convince a jury of the complaint. If there is no real damage, other than some hurt feelings, then it IS protected by 1a, as it doesn't rise to a cause of action.

    As I understand the lawsuit, Dominion and Smartmatic, indeed, have a legit cause of action. We shall see.

    Caveat: Ianal.
     
  8. grapeape

    grapeape Well-Known Member Past Donor

    Joined:
    Jul 26, 2015
    Messages:
    17,069
    Likes Received:
    9,458
    Trophy Points:
    113
    No it doesn’t. Your getting ridiculous

    265 proves that the right to say it is protected, Not that the lie is protected
     
  9. grapeape

    grapeape Well-Known Member Past Donor

    Joined:
    Jul 26, 2015
    Messages:
    17,069
    Likes Received:
    9,458
    Trophy Points:
    113
    I agree with a lot of what you say here. My only point is that if one lie does not cause harm, yet another does, and one of them is actionable, neither are protected. One of them just isn't acted upon.
     
  10. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    47,848
    Likes Received:
    19,639
    Trophy Points:
    113
    :lol:
    I accept your surrender.
     

Share This Page