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PaperclipPerfector  10mo ago (text post)   30492 thread views

Culture War Roundup for the week of July 3, 2023

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The comments on that article are truly mind-numbing partisanship.

I guess those kinds of people will have to work doubly hard to fortify the next election.

Ah yes:

Our nation has always recognized limits on free speech. Furthermore our nation has long recognized the legal concept of product liability. Oh and let us not forget that fraud consists of telling lies to gain an advantage or benefit. Censoring lies is fully in keeping with the spirit and the letter of our free speech rights.

And much more of the same. And lots of quoting Schenck v. US, which hasn't been good law since 1969. Full-throated defense of government censorship of social media, along with a bunch of vitriol towards Republicans for daring to oppose it.

I always assume that anyone unironically quoting Schenck agrees with its conclusion that distributing anti-draft pamphlets is akin to shouting fire in a crowded theater. Which seems like a downright fascist perspective, but what do I know?

Most of them probably have no idea about the case beyond "fire in a crowded theater" and "clear and present danger". But someone did mention the case by name, and as far as I can tell given the limitations of the Post's execrable (technically) comment section, nobody pointed out it's no longer good law since Brandenburg v. Ohio.

And I'm sure they'd agree that distributing anti-draft pamphlets about the Vietnam War or the Gulf Wars (yeah, I know, there wasn't a draft) would be fine but it's absolute treason and not protected to do so about WWII or the Ukranian War (again, I know there isn't a draft in the US).

nobody pointed out it's no longer good law since Brandenburg v. Ohio.

I mean, with the current Supreme Court, who’s to say Brandenburg v. Ohio isn’t next on the chopping block? Brandenburg is just one of a laundry list of cases from that time period which changed longstanding precedent. Those cases are being rolled back one by one as we speak.

Aside from Roe, can you name another? I believe there are two members of the Supreme Court (Thomas and Barrett) who might seriously consider overturning Brandenburg, but that's it.

You just had 6 SCOTUS justices put forth a very strong view of first amendment protections (including ACB and Thomas). I don’t know if they specifically cite Brandenburg but what makes anyone think they want to revisit first amendment caselaw? If anything, they seem keen to extend it.

Now if they actually were to reinstate Lochner my joy would be complete.

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