Josef K

"Your fist ends where my nose begins" sounds nice but it doesn't always work out perfectly. Like there are a ton of situations in the real world where two people or entities each have the "right" to do something and their rights come into conflict. It's why one of the major things courts have to do is balance people's rights against each other. It's also (one of the reasons) why a lot of really smart critical legal theorists would tell you that rights are a construct and our perception of them as these absolute, real things is a problem.

RoxyRollah

Listen I've always been told your rights do not extsend to you yelling fire in a crowded theatre. I mean there are really only a few rights we actually have, the rest can be circumvented by a clever attorney.

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Neapolitan

I know what you mean, still it's better to explain it through "your rights do not extsend to you yelling fire in a crowded theater when there is no fire." If there is a fire then you not have the right but the duty to yell "fire" to save the lives of others.

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Josef K

I don't think you "actually" have any rights - I think the American legal conception of rights is basically indeterminate and adapts to whatever is in the interest of the ruling class at a given time.

The Batlord

Fun fact: the "yelling fire in a crowded theater" thing is used to explain the reasoning behind the Supreme Court's "clear and present danger" ruling on the Schenck v. United States case... BUT, that case had nothing to do with yelling fire in a crowded theater. It was about some guy handing out flyers protesting the draft in WWI, and the Supreme Court ruled that doing so created a "clear and present danger" to national security.

Over the next few decades, the Supreme Court would become even more repressive about this -- generally in times of war, or the Red Scare -- but all of this (including Schenck) has been overturned in the last few decades. So "yelling fire in a crowded theater" isn't even a legal thing anymore, and was also clearly a case of the US government trampling on First Amendment rights when it suited the Supreme Court's agenda.

Schenck v. United States

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Chula Vista

No, Kim Davis, You Can't Beg for Money on GoFundMe

Mike Huckabee is such a dickweed.

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“The fact that we live at the bottom of a deep gravity well,
on the surface of a gas covered planet going around a nuclear fireball 90 million miles away
and think this to be normal is obviously some indication of how skewed our perspective tends to be.”

RoxyRollah

Who cares how she comes up with the money as long as it gets paid? Who cares if 90 other bigots get together and raise money for a free the bigot campaign. As long as she doesn't pocket it, for a trip to the islands or bad dress paterns and sack like material at Joanne's.

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Chula Vista

I wanna see her get through this and then end up on some reality makeover show where they put her through a biggest loser boot camp, slap some makeup on her, do something with that **** growing out of her head, and then push onto Dancing with the Stars.

Ratings baby!

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“The fact that we live at the bottom of a deep gravity well,
on the surface of a gas covered planet going around a nuclear fireball 90 million miles away
and think this to be normal is obviously some indication of how skewed our perspective tends to be.”

Chula Vista

Jackhammer Christianity. My atheism gets cemented more and more ever day.

Rally to support defiant clerk jailed over marriage licenses

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“The fact that we live at the bottom of a deep gravity well,
on the surface of a gas covered planet going around a nuclear fireball 90 million miles away
and think this to be normal is obviously some indication of how skewed our perspective tends to be.”

Josef K

This is why the judge shouldn't have put her in jail - literally just fine her (or don't even do that!) and appoint somebody else to do her job for her.