KruzeS said:
Right. And the communists in hysteric cold war america where given a great deal of freedom - speech, association, you name it. They didn't even actually need to be communists, just look like communists (for some random definition of looking like a communist). Besides let's not forget that the now mostly historic laws forbidding Nazi hate speech in Germany probably date back to the time it was administered by, you guessed it, the US of A. The fact that some countries in Europe to this day bare the scars of either wars fought on our own soil, and/or not so distant dictatorial regims, doesn't devalue the freedoms we enjoy now, thank you very much. |
Oh we've had our idiots, no question about that. One of the strengths of the constitution is its ability to weather things like that and get right back on track. Trust me, reading through civil liberties and constitutional law we've dealt with a LOT worse. Almost universally, however anything that went into the courtroom under the First Amendment got knocked up to the Supreme Court, where it was struck down.
There's a lot to the power play between the 3 branches and it shifts over time. Some of it is actually really interesting to read. If you look through legal history you're going to be hard pressed to find anyone sitting on the SC who ruled against the First Amendment.
What you're thinking of is a time when legislature was flexing its muscle and passing stupid laws willy nilly. The best way to get rid of a bad law is to enforce it to the letter. So you enforce it harshly, it eventually gets to the SC, and it's struck down with a 9-0 decision, which is the court's way of saying "don't ever pass a law like that again." The courts are reluctant to flex their muscle, striking something down directly, but they have the power to do so.
I appreciate that countries have their freedoms, but I really love living in a country where anyone can be a complete and total crackpot idiot, say whatever they want, and they're not going to get thrown in jail for it. It's the principal of the government not interfering with your life, even if you choose to flush it down the toilet on something stupid like neo-naziism.
That's mostly a paternalist vs libertarian argument, roughly those 2 schools of thought. I personally lean toward libertarian (not the crazy kind) because governments are mostly stupid and incompetent. I'd rather have no parent than an incompetent one.
Wow, wall of text. My undergrad was philosophy (political philosophy and logic especially) and I'm almost through law school specializing in Constitutional law. So all this politics stuff is like porn for me. Sorry if I offended, I didn't mean it. It's just that now that I'm getting to the point where I'm starting to understand how the system works, I'm happy with it and wouldn't want to live anywhere else.
3rd Party Wall of Shame
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