The Trickiness Of The First Amendment
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Politics

The Trickiness Of The First Amendment

"What's appropriate, and inappropriate to publish?"

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The Trickiness Of The First Amendment
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Free speech.

The only thing in life that is truly free outside of Costco samples.

Free speech is included in the first amendment of the Constitution, along with freedom of assembly, and freedom of the press. But, can you say whatever comes to your mind, consequence-free? Well, not quite.

There are limits to free speech. You cannot threaten people to do your bidding, deceive to get what you want, or advocate the use of force. That explains why Joe Scarborough was bummed that Trump got to post that National Enquirer article.

Because, let me assure you, Joe would have "moved on him like a bitch" the same way Stewie did to Brian on Family Guy. Where is that article, Donald? Huh? Gimme that fucking article you fucking Cheeto!

The first amendment has recently been under the microscope. Bob Murray, a coal mining magnate, threatened a lawsuit against HBO's John Oliver after the Last Week Tonight host ran a scathing commentary on the coal-mining industry, and you will not believe what for:

I got to hand it to Mr. Nutter Butter. Three acorns and eighteen cents sounds like a reasonable settlement case until you realize Bob Murray wanted a billion acorns. Not a penny more, not a penny less.

There lies a danger that the free press is becoming too hyper-partisan in favor of the left. The danger is that the free press gets to be delegitimized. Fake news is what President Trump has called it, namely towards NBC, ABC, CBS, and CNN. During Trump's campaign last year, he promised to open up the libel and defamation laws to make lawsuits more palatable. That also opens up the possibility of more frivolous lawsuits, which I thought Conservatives hated! Yes, we live in the world of "parents want kids to goof off, while kids want to be productive."

These lawsuits have been particularly difficult to win since the 1960's, where the Supreme Court opened up a series of precedents to make libel cases easy to win. They are very difficult to win because the burden of proof lies on the plaintiff to prove that what was said about them wasn't true. In the advent of technology and the digital age where publishers can redistribute medical records, sex tapes, and revenge porn, it has become a little easier to win these lawsuits. For example, Hulk Hogan sued Gawker for posting a leaked sex tape between him, his friend, Bubba the Love Sponge, and Hulk Hogan's wife. It laid out more that betrayal and exposure:

Yes, you heard that right. Hulk Hogan (Terry Gene Bollea) describe the size of his penis in a formal courtroom setting to possible children. The serious part of this is that Bollea sued Nick Denton for, among other things, posting the sex tape to Gawker. Hogan's lawyer tried on several occasions to get the video taken down under the guise of "likeness used without permission." The first settlement came against Bubba, who eventually settled by giving Hogan complete copyright over the sex tape, and allowed Hogan to demand that Gawker remove the video from their site immediately.

However, in November of 2012, Federal Judge James D. Whittmore had the view that Hulk Hogan brought upon all this attention to himself by receiving publicity from their television show, discussing contents of said video, and the publication of a novel about an affair he had, under the umbrella of their own personal lives, allowed for the case to be dismissed.

Now, I really fear for anybody who has the Trump Pee Tape.

Moving on with…

"OH NO, SHE DIDN'T!" – feat. Angela Rye:

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This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
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