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#234077 2001-05-21 1:44 AM
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For us Yanks (Excluding Bernie Williams and Derek Jeter) we have the First Amendment, which reads as follows:

quote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


Should the Government be allowed to limit the freedom of speech? How about the Mike Diana case? If you aren't familiar with it, you can click the outraged purple face at the end of this post. To sum it up, Young Mike Diana was self-publishing his own comic book called Boiled Angel, Which was deemed obscene by a Florida judge. Diana was sentenced to a three-year probation, during which time his residence is subject to inspection, without warning or warrant, to determine if he is in possession of, or is creating obscene material. He is to have no contact with children under 18, undergo psychological testing, enroll in a journalistic ethics course, pay a $3,000 fine, and perform 1,248 hours of community service. He is not even allowed to draw anything that is considered obscene. What the hell is that?!?!?! Should the Government have the right to limit what can be said or drawn for the interest of the general public? What would the guidelines be? Who would be the arbitrator in this kind of case?

I want answers people!!!


#234078 2001-05-21 7:01 AM
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What happens when the first ammendment contradicts other laws? What prevails? And how do they classify religions? Just a curious foreigner, seeking answers...

#234079 2001-05-22 3:57 AM
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freedom of speech is (of course) tricky.

while i do feel that you should be allowed to do or say what you want, where you want, there has to, of course, be some rules and guidelines, otherwise, we'd have mr. rogers cursing out all the stagehands on tv, cuz his sweaters were dirty.

as it stands now (and, i THINK this is still true), you're free to do / say whatever you want on tv, as long as its between the safety hours of 10pm-6am (could be 12-6). that includes things that are offensive (like swearing), but not obscene (like porn).

thats cool, i guess.

there are some weird double standards. like howard stern gets busted for just about anything, however, oprah can talk about similar topics (all be it in a more "mature" manner) and be fine.

similar things can be said of magazines. for example, my maxim magazine, be it thru subscription, or bought in a store, is purchased sealed within a plastic bag container, which, at times, is opaque, so that you cant see the cover girls, or read the article headlines. however, cosmopolitan, displays an equally half naked cover chick on a monthly basis, as well as articles such as "trying anal sex?" or "get the orgasm you want" or even "could you be bisexual?: take the quiz!" -- and yet, this "smut rag" appears openly at any A&P check out aisle, able to be purchased by any house frau, or 12 year old boy.

odd.

other than clearing up these inconsistancies, i also find that im not too big on the press in general, and thus, feel that "freedom of the press" is taken WAY too far WAY too often. the day of, and days after, the horrible seton hall university fire, it was INCREDIBLY difficult to even walk around campus, to class, to other dorms, to the cafeteria, because there were COUNTLESS reporters, cameras, and news chopters/vans EVERYwhere.


#234080 2001-05-25 7:23 PM
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1. You do not talk about snarf.
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I like porn!

#234081 2001-05-27 10:01 PM
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I ask again, where does the definition of religion lie? Because if I'm reading that quote right, laws can't be made in regards to the practice of any religion...is that right so far?
Anyway, is that limited to mainstream religions like Catholisism, Christianity, Bhuddism, etc, and the practices contained therein, or does it truly mean all religions?
For example, if someone was a practicing Rastafarian, could they be charged for possession of Marijuana?
Or could someone that worshipped some sort of demonic entity be charged for a ritual sacrifice of a teenage virgin to appease their deity?

Just wondering...


#234082 2001-05-28 11:30 PM
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I'm not sure what the Supreme Court considers the definition of orginized religion. I know there are certain qualifications to be met so that a religion can meet certain tax-exempt status's (statusi?), but I don't know if those are the same in this instance.

As far as the drug thing goes, for the most part, it's illegal. Because the drugs are considered illegal becuase of they're considered a public safety hazard, they would still be arrested and charged. The laws against cannabis weren't made because of any kind of religious considerations, so that's usually not taken into consideration during trial. One notable exception is peyote. There are some native american indian tribes that are allowed special exemptions to use peyote during religious ceremonies, but that's strictly regulated...


#234083 2001-06-13 4:43 AM
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I think alot of US laws are based on how a particular law can be twisted by a huckster lawyer and how stupid the judge and jury will be in allowing it....

I have heard much worse offense than an obsene comic book get off without punishment..
Like many other American Citizens I think what Mr Diana was guilty of was either having too shitty a lawyer or being up against a very flowery prosecution.


#234084 2001-06-13 11:49 PM
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He was guilty of nothing more than living in a state were all the citizens are too damn old to see what's going on around them...Imagine if that had been Texas instead of Florida...He'd be dead by now...

#234085 2001-06-15 12:18 AM
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Its a pile of crap indeed but what about our legal system isnt?

This is definitely not a country built on Justice.
More like who tells the better story.


#234086 2003-05-16 3:49 AM
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bump!

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New rule! I don't accept PMs from cop haters.


November 6th, 2012: Americas new Independence Day.

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