Supreme Court Failure

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Krumple
 
Reply Sat 23 Jan, 2010 04:21 pm
In one day, we witness how government has failed to do as the original framers intended it to. The rights of the people are to protect them from the oppression of government.

The recent supreme court ruling that an adult student did not have the freedom to display a banner during an Olympic torch event. The judge stated that he was at a school event so he did not have his freedom of speech right. How silly is that? They teach you in school you have a first amendment right to free speech but you don't in a public school none the less.

The second case which was done on the same day, was for allowing businesses and corporations the ability to pay political campaigners any amount of money they want. In the past congress had set limits on how much money could be given to campaigners. This was challenge sighting a freedom of speech violation on behalf of big businesses. The court ruled in favor of the freedom of speech violation allowing any amount of monetary funding to go towards political runners.

So the young adult was not allowed to display a sign but big corporations should be allowed to invest in political decisions. Can you not see how this is nothing more than a sign of fascism?

The point of government is to protect the "little guy" and not to protect large businesses. We are nothing other than a government of corporate say so. If you got the money, we will rule in your favor.

You don't have any freedoms unless we tell you, you do. Not in any public place, not even in your home. If you pay for it, then we might let you.
 
kennethamy
 
Reply Sat 23 Jan, 2010 05:05 pm
@Krumple,
Krumple;122043 wrote:

T

The second case which was done on the same day, was for allowing businesses and corporations the ability to pay political campaigners any amount of money they want. In the past congress had set limits on how much money could be given to campaigners. This was challenge sighting a freedom of speech violation on behalf of big businesses. The court ruled in favor of the freedom of speech violation allowing any amount of monetary funding to go towards political runners.

So the young adult was not allowed to display a sign but big corporations should be allowed to invest in political decisions. Can you not see how this is nothing more than a sign of fascism?

The point of government is to protect the "little guy" and not to protect large businesses. We are nothing other than a government of corporate say so. If you got the money, we will rule in your favor.

You don't have any freedoms unless we tell you, you do. Not in any public place, not even in your home. If you pay for it, then we might let you.


I can understand why Obama and the left are unhappy about the Supreme Court Decision on Campaign Funding. Now, Obama will not have complete control of the next campaign through George Soros and his billions. The American people are, I hope, mature enough not to fall for hope and change banalities when they are allowed to hear both sides of the story. Although, by then, I expect they will have had enough of Obama.

I don't think you know much about fascism if you think that schools don't have a right to keep control of what is going on at a school event because that would be a "sign of fascism".
 
Insty
 
Reply Mon 25 Jan, 2010 12:04 am
@Krumple,
Krumple;122043 wrote:
In one day, we witness how government has failed to do as the original framers intended it to. The rights of the people are to protect them from the oppression of government.

The recent supreme court ruling that an adult student did not have the freedom to display a banner during an Olympic torch event. The judge stated that he was at a school event so he did not have his freedom of speech right. How silly is that? They teach you in school you have a first amendment right to free speech but you don't in a public school none the less.

The second case which was done on the same day, was for allowing businesses and corporations the ability to pay political campaigners any amount of money they want. In the past congress had set limits on how much money could be given to campaigners. This was challenge sighting a freedom of speech violation on behalf of big businesses. The court ruled in favor of the freedom of speech violation allowing any amount of monetary funding to go towards political runners.

So the young adult was not allowed to display a sign but big corporations should be allowed to invest in political decisions. Can you not see how this is nothing more than a sign of fascism?

The point of government is to protect the "little guy" and not to protect large businesses. We are nothing other than a government of corporate say so. If you got the money, we will rule in your favor.

You don't have any freedoms unless we tell you, you do. Not in any public place, not even in your home. If you pay for it, then we might let you.


It sounds like the first case you're referring to is Morse v. Frederick -- the so-called "Bong Hits 4 Jesus" case. But that decision was handed down about two years ago. In any case, the right to free speech under the First Amendment was never thought to mean that a person could say whatever he wanted, whenever he wanted, wherever he wanted. To my mind, the the Court's decision in the case was very limited and the vote was surprisingly close.
 
Khethil
 
Reply Mon 25 Jan, 2010 01:06 am
@Insty,
I've seen these rulings as well; and for me, also, I am disappointed. I do; however, think a few clarifications are in order.

  • First, entities of the Judicial Branch are sanctioned to make rulings based on the constitution, existing laws and precedents. The ruling hasn't anything to do with giving cash to candidates, it has to do with anyone producing and running campaign ads for the candidates they support. And yes, that's an important distinction to be made when you're talking lawful issues.


  • In this context, telling someone they can't run an ad they've paid for does, indeed, violate their freedom of expression. And no, I don't like it one lick. I think it's important to properly understand what's going on, lest we - on incorrect assumptions - blast away without thought to the reality of the situation.


  • Is it ok to limit individual's ability to voice, express and promote their political views? I don't think so. In their decision, Justice Kennedy wrote, "Government may not suppress political speech on the basis of the speaker's corporate identity..", while the dissenting opinion put it very well, calling it a dangerous rejection of common sense (Christian Science Monitor report on the ruling)


  • As for Obama himself, he sharply criticized the decision (read about it here).


  • We can't much kick the supreme court for this; we demand free expression and in this case they upheld it (much to my chagrin). We like it when free expression agrees with our sensibilities; but when it doesn't, I don't think it's rational to shoot the messenger.


  • An editorial in Mercury News voiced my reason for disappointment well when they said, "...the Supreme Court's radical ruling on campaign finance law virtually guaranteed that corporations will be able to swamp the desires of ordinary citizens in future elections"


  • And I realize that it's very popular to throw out terms like "fascist" to express disapproval; but I'd agree with Kenn that it's hardly accurate in any sense of the word.

We want so much, we ask for so much of our elected officials. Unfortunately, many of these "swords" cut both ways. Knowing this (and especially given the many iterations of how 'free speech' might be used), how can we criticize such a decision? I don't like it a lick - but its part of the price we pay for having such freedom of expression.

Thanks
 
Arjuna
 
Reply Mon 25 Jan, 2010 01:25 am
@Khethil,
If people base their votes on advertisements, then whatever failure that represents, it's not of the government is it?

And as for a student's right to fly banners... if it's really important to us that students have that freedom... we can ammend the constitution to specify the right in a way that the Supreme Court would be expected to honor.

I think it's good that an issue has to be pretty freaking important to result in a constitutional ammendment.

Isn't that what the framers intended?
 
Insty
 
Reply Mon 25 Jan, 2010 07:55 pm
@Arjuna,
Arjuna;122326 wrote:


And as for a student's right to fly banners... if it's really important to us that students have that freedom... we can ammend the constitution to specify the right in a way that the Supreme Court would be expected to honor.

I think it's good that an issue has to be pretty freaking important to result in a constitutional ammendment.

Isn't that what the framers intended?


As a practical matter, it wouldn't make sense to amend the constitution to specify rights in a way that would be upheld by the Supreme Court. For one thing, the Supreme Court doesn't really agree on the correct interpretation of constitutional rights. And in any case, especially where the first amendment is concerned, the doctrine is so complicated that trying to amend the constitution to reflect Supreme Court precedent would be much too messy.
 
Krumple
 
Reply Tue 26 Jan, 2010 05:03 pm
@kennethamy,
kennethamy;122047 wrote:
I don't think you know much about fascism if you think that schools don't have a right to keep control of what is going on at a school event because that would be a "sign of fascism".


Fascism is about the merging of business with government. The thing is, there wasn't even a school event. It was not even on the school grounds. The student that went to that school, didn't even go that day. He skipped school but showed up for the Olympic torch run to display his sign. So it was dishonest of the judge to say that it was a school event, when it wasn't.

---------- Post added 01-26-2010 at 03:20 PM ----------

Insty;122320 wrote:
It sounds like the first case you're referring to is Morse v. Frederick -- the so-called "Bong Hits 4 Jesus" case. But that decision was handed down about two years ago. In any case, the right to free speech under the First Amendment was never thought to mean that a person could say whatever he wanted, whenever he wanted, wherever he wanted. To my mind, the the Court's decision in the case was very limited and the vote was surprisingly close.


It was retried with new ruling. Your argument might be the old argument but this justice never mentions it like this. He sights two reasons being that one it was a school event and second that schools have the right to curb any speech it finds that conflicts with the functioning of learning.

Both of those reasons were exaggerations. The student like I mentioned was not even on school grounds, there was no classes in session so how could it be disrupting the learning process? Then the event was not even a school event it just happened to be outside the school but he was standing across the street. But even if it was on school grounds, why is it that a simple message can not be displayed? It is a slap in the face of everything this country was founded on to rule in this way.
 
Insty
 
Reply Tue 26 Jan, 2010 06:11 pm
@Krumple,
Krumple;122872 wrote:

---------- Post added 01-26-2010 at 03:20 PM ----------

It was retried with new ruling. Your argument might be the old argument but this justice never mentions it like this. He sights two reasons being that one it was a school event and second that schools have the right to curb any speech it finds that conflicts with the functioning of learning.

Both of those reasons were exaggerations. The student like I mentioned was not even on school grounds, there was no classes in session so how could it be disrupting the learning process? Then the event was not even a school event it just happened to be outside the school but he was standing across the street. But even if it was on school grounds, why is it that a simple message can not be displayed? It is a slap in the face of everything this country was founded on to rule in this way.

There has only been one ruling and decision issued by the Supreme Court in this case. The case was later remanded to the trial court in which the suit was originally filed. I am not aware of any new opinion that has been issued by the trial court -- perhaps you can direct me to it -- but in any event, that decision wouldn't have come from the Supreme Court.
 
mattqatsi
 
Reply Wed 27 Jan, 2010 08:11 am
@Krumple,
Withholding our freedom of speech right because someone may hold up an offensive sign or one with a conflicting ideology? Deal with it, that's what the purpose of America was supposed to be, not restricting lone voices because they may be seen as dangerous. The analogy may be a bit extreme, but it reminds me of Equilibrium or Fahrenheit 451 or something where "freedom of speech" is held back in case someone with a radical or upsetting view comes along. But don't get me wrong, I'm not comparing our government to that of these totalitarian societies... yet

And that second ruling is such a terrible Trojan Horse into campaigns. Further evidence that there is no difference between the monetarily rich and the politically powerful
 
Insty
 
Reply Thu 28 Jan, 2010 01:01 am
@mattqatsi,
mattqatsi;123005 wrote:
Withholding our freedom of speech right because someone may hold up an offensive sign or one with a conflicting ideology? Deal with it, that's what the purpose of America was supposed to be, not restricting lone voices because they may be seen as dangerous. The analogy may be a bit extreme, but it reminds me of Equilibrium or Fahrenheit 451 or something where "freedom of speech" is held back in case someone with a radical or upsetting view comes along. But don't get me wrong, I'm not comparing our government to that of these totalitarian societies... yetl


I think once the facts of the case and the Court's rationale are understood, the decision will seem eminently reasonable. Even if you don't agree with the conclusion, it's hardly something to get wrought up about.

Begin by recalling the fact that the banner in this case (which said "Bong Hits 4 Jesus") was displayed by a high school student. Although the incident didn't take place at an actual school, the student was standing at the parade with other students from the high school. The Court's rationale for allowing the school to restrict the student's speech wasn't that the message of the banner was somehow offensive of ideologically threatening. The Court simply noted that schools have an educational mission, which can include discouraging kids from taking drugs, and that the school's ability to instill messages of this kind would be hampered if it had no authority to exercise control over other messages that are presented to students when they're in the school's care.

The Court also pointed out that schools as institutions have the right to control their own expression. In this case, the student who displayed the banner was recognizable as part of the school's student body. As a result, there was a risk that his expression could be attributed to the school. By not restricting the student's speech, for example, the school might have been viewed as implicitly condoning the student's message. Schools have the right to make sure that their expression isn't misunderstood by the public.

This might not be the most compelling reasoning ever advanced in a Supreme Court decision. In fact, the vote was 4-4, with one Justice narrowly concurring to form a majority. So the Court was even more divided than usual in this case. The holding also applies only to the speech of students in the school context, and only to messages like the one in this case, which run directly contrary to messages the school is attempting to instill in students. It's hardly a frontal assault on principles of free of expression.
 
xris
 
Reply Thu 28 Jan, 2010 06:33 am
@Insty,
Its a shame the message was not a bit more profound and meaningful.

As for money and politics , I think it will always make the most terrible of smells.
 
Arjuna
 
Reply Thu 28 Jan, 2010 01:11 pm
@Insty,
Insty;122625 wrote:
As a practical matter, it wouldn't make sense to amend the constitution to specify rights in a way that would be upheld by the Supreme Court. For one thing, the Supreme Court doesn't really agree on the correct interpretation of constitutional rights. And in any case, especially where the first amendment is concerned, the doctrine is so complicated that trying to amend the constitution to reflect Supreme Court precedent would be much too messy.
Yea, there's a fudge-factor with the Supreme Court. Still.. their mission is pretty clear. I don't think amending the Constitution is pointless.
 
prothero
 
Reply Thu 28 Jan, 2010 11:43 pm
@Insty,
Insty;123179 wrote:
IThis might not be the most compelling reasoning ever advanced in a Supreme Court decision. In fact, the vote was 4-4, with one Justice narrowly concurring to form a majority. So the Court was even more divided than usual in this case. The holding also applies only to the speech of students in the school context, and only to messages like the one in this case, which run directly contrary to messages the school is attempting to instill in students. It's hardly a frontal assault on principles of free of expression.
Of course freedom of speech has never meant that you can say whatever you want, whenever you want, where ever you want. The US has the broadest definitions and protections for free speech of anywhere in the world even to the point of protecting pornographic images and other forms of speech with little political or social redeeming value.

Probably the two worst supreme court decisions in recent memory are
the eminent domain decision allowing the taking of private property to be given to another private entity for the "public good"
and
The decision a few days ago that "corporations" have the same protected free speed and campaign contribution rights as individuals.
 
Insty
 
Reply Fri 29 Jan, 2010 01:26 am
@prothero,
prothero;123397 wrote:
Of course freedom of speech has never meant that you can say whatever you want, whenever you want, where ever you want. The US has the broadest definitions and protections for free speech of anywhere in the world even to the point of protecting pornographic images and other forms of speech with little political or social redeeming value.

Probably the two worst supreme court decisions in recent memory are
the eminent domain decision allowing the taking of private property to be given to another private entity for the "public good"
and
The decision a few days ago that "corporations" have the same protected free speed and campaign contribution rights as individuals.


It's true that freedom of expression is protected to a greater degree in the U.S. than in pretty much any other country. But the U.S. isn't very distinctive in the protection it gives to pornography. I can't think of any liberal democracy that doesn't allow pornographic expression to roughly the same degree as the U.S. In fact, there has been an increase in obscenity prosecutions in the U.S. over the past ten years or so, which has resulted in a narrowing of what is considered acceptable pornographic expression.
 
 

 
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