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@RustyCrab @scathach It's not an apriori thing as such, it's a doctrine with a specific goal: to prevent power from leveraging an ability to control communication (and therefore thought) into a destructive tyranny.

in edge cases there's room for interpretation but the overall intent of it is pretty clear and useful.

@bajax @scathach its "useful" but its not at all clear. When people say that they normally mean "freedom from consequences" which does not make sense in any world. The law is full of exceptions on this and discussions always fall into "well THATS not free speech thats..."

my point is its a nonsensical concept to try and work around the reality that two groups with irreconcilable differences should probably not be living together
@RustyCrab @bajax @scathach I know what you're talking about because for example someone in america might say that child porn is illegal so it isn't free speech and someone in germany says well then holocaust denial isn't free speech because it's illegal, and then you have to figure out how to explain how it's actually different without appealing to some cultureally specific value that undermines a universal principle. or something. I'm not saying you don't have a point just that I don't think it's so strong to say no one believes in it in reality.

@RustyCrab@clubcyberia.co @sun@shitposter.world @bajax@baj.ax @scathach@stereophonic.space though if you are wondering what it means as it's proponents intended, it would be quite extreme in its protection. Because the point is that congress can't make these kinds of decisions. It is the states that make these decisions. You actually have no freedom of speech at the state level, even if the supreme court likes to pull imaginary clauses out of their asses to say you do.
The State sets the restrictions and definitions of what speech is and what is allowed.
The State gets to issue out punishments, trials, and woodchippering.
The federal government gets jack all to say about it.
Because Congress can make no law and federal courts cannot enforce it.

No matter how extreme of an example you can think of, it probably is protected from federal power (as intended and on paper). The only real exception I can think of would be declarations of treason.
Not that the federal government cares of course.

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@sun @bajax @RustyCrab @lolitechengineer @scathach

>Some are collective rights and some are individual

Not properly understood. The Bill of Rights was declarative and restrictive on the government; the 14th, just applied that on the states.

The worst SCOTUS rulings involved government power, and not strictly speaking, the Bill of Rights.

The three worst, IMHO:

United States v. Butler, 297 U.S. 1 (1936)

Wickard v. Filburn, 317 U.S. 111 (1942)

South Dakota v. Dole, 483 U.S. 203 (1987)

Reverse those decisions, and the centralized rot is limited.

@sun @bajax @RustyCrab @lolitechengineer @scathach

The original principles of the Civil War were that those in the North opposed the African ideology of slavery while the Southern elites were addicted to the means by which they oppressed poor Whites.

It was only when the North had the moral upper hand, when it came to foreign relations of the Europeans, that they openly denounce the Confederacy’s addiction to African norms and crushed the rich elite’s, due in no small part to the poor White Southerner’s help.

The reality is that chattel slavery was alien to our culture and those elite who benefited by it were an alien-influenced cancer that had to be culled.

And it was culled.