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Re: [APD] Free speech



Terry Barber wrote:
> Everybody is using the term "Free Speech".   I believe that there is  a
> narrow criteria as to what is considered "free speech" in the US
> Constitution.  The reality is that  ""free speech clause pertains solely to
> orderly public discussion by citizens of
> governmental questions"" .   Everything else is really up for grabs and the
> courts make the decisions.    Your "rights" to express your views are really
> more limited than we have been led to believe by misuse of the "Free Speech"
> clause of the constitution.
> 
> What is more important is that this is one (of many) areas where our legal
> system is way out of whack.  A good start would be that if a preson sues and
> is found to be frovolous/without merit..........then they should have to pay
> for the defendants legal fees.   Right now, as this example shows, right or
> wrong, the Judicial system can be used to punish those who speak against
> you.

Except in the case of compelling State interest - and a law narrowly 
tailored to that interest, and in the case of libel, free speech is 
absolute.

It is generally the case, unless the case is settled, that the loser 
pays legal costs.

-- 
Jerry Baker
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