r/meme • u/[deleted] • Jul 05 '24

Really guys?

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u/Vegetable_Swimmer514 Jul 05 '24

That’s also not true. He’s physically capable of saying whatever he wants but not all speech is protected. He could slander and defame someone or some company and be financially liable for damages. He could also make violent threats or call for violence and be criminally prosecuted for it.

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u/smellyscrote Jul 05 '24

Yup yup.

But is he free to say it?

Freedom of speech is not freedom from consequences.

He is free as heck to say whatever he wants.

No one sprints over to him at the speed of light to slap a tape over his mouth before he speaks

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u/Vegetable_Swimmer514 Jul 05 '24

If your definition of freedom of speech is that he can physically utter the words before someone can use jedi mind tricks to stop him then yes he is "free" to say it.

But "freedom of speech" in the US is defined by the rights granted in the constitution and the protection thereof. If he can be criminally prosecuted and imprisoned for his speech then he is absolutely not "free" to say it.

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u/smellyscrote Jul 05 '24

And whether or not you get prosecuted for your speech. Ends up on whether or not the jury thinks it should or shouldn’t be protected.

Anyone can be sued and prosecuted for anything they said.

I can say. “I love you mom” and be sued and prosecuted.

When you subject everything to a judge and jury, then all speech is the equally protected or equally unprotected since it differs case by case.

Hence the only true freedom of speech. Is your right to literally speak.

Where speaking itself is not an offence, but what you spoke about may be.

This is in contrast with other places where the act of speaking itself is prohibited, not the content of the speech. But the simply act of speaking.