Charleston, Joseph Kofsky, Claremont Institute discussed on The Jim Bohannon Show


You the boys of charleston is ninety six point five and five eighty wchs welcome back to the jim bohannon show we're talking with joseph kofsky he is with the claremont institute and has written the lives of the constitution from encounter books mary in wilmington delaware called in about some thoughts regarding the first two amendments in noted someone calling her an nasty name you know you can use certain language on this radio station that we're currently heard on several hundred dollars across the country and if you use the wrong language you can get that station find a considerable amount of money of course we've got a delay and all kinds of mechanisms to keep that from happening but the fact is that not uttering every single thing you feel like saying the old fire in a crowded theatre line the notion if i spray paint graffiti on the base of the washington monument is that free speech so if you could explain for mary and for me and a lot of others joseph your thoughts about just how far this this freedom of speech thing goes well it's a very it's a very good sought from mary and i think it illustrates how we've changed for she referenced the founders i think the founders would have agreed with that they do they drew a distinction between liberty and license and they most of them would not have thought that insulin talk is part of the concept of freedom of speech for them it really protected only the most important things like opposition political speech today we've got to reverse the first amendment now protects virtually all speech unless you can fit it into some narrow category outside of protection so mir rudeness would not be actionable under civil law or prosecutable under criminal law you need something more you mentioned jim inciting a breach of peace if it was fighting words which means provoking a fight if mary could show that it was defamation say someone called his name in front of other people if it was harassment you know this person said it repeatedly if you could show say that it was a threat then it would be actionable that it would be outside the protection of the law but these days rudeness is quite constitutional better or worse he's stolen she's gone.

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