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Member (Idle past 2542 days) Posts: 2544 From: boulder, colorado Joined: |
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Author | Topic: Phelps clan sued for $11 million | |||||||||||||||||||||||||||
Jazzns Member (Idle past 3940 days) Posts: 2657 From: A Better America Joined: |
Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net
The right to privacy The Constitution does not specifically mention a right to privacy. However, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and as such is protected by virtue of the 9th Amendment. The right to privacy has come to the public's attention via several controversial Supreme Court rulings, including several dealing with contraception (the Griswold and Eisenstadt cases), interracial marriage (the Loving case), and abortion (the well-known Roe v Wade case). In addition, it is said that a right to privacy is inherent in many of the amendments in the Bill of Rights, such as the 3rd, the 4th's search and seizure limits, and the 5th's self-incrimination limit. According to Jon, it is censorship and suppression of rights to stop someone from barging into your home, standing in front of your TV, holding signs, and yelling at you for the various failings in your life. Except for maybe that whole privacy thing. OR tresspassing for that matter. Freedom of speech does not protect you if in the execution of that speech you break OTHER laws that protect peoples privacy and/or other rights per the 9th Ammendment.
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Hyroglyphx Inactive Member |
Why not? It seems to be within his rights to invade a private ceremony to tell a dead gay guy's parents that their child is now in hell. No, Chiro. The difference is very simple, which can quickly be understood in two distinguishing terms. Private and public. Funerals are private functions. If the Phelps clan wanted to stand on a sidewalk chanting all sorts of horrible things, they could technically do that, with a few stipulations. They likely would need a permit first, depending on that city's ordinance, and they could not impede or obstruct passerby's that wished to utilize the public sidewalk. “This life’s dim windows of the soul, distorts the heavens from pole to pole, and goads you to believe a lie, when you see with and not through the eye.” -William Blake
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kuresu Member (Idle past 2542 days) Posts: 2544 From: boulder, colorado Joined: |
So are you saying the Snyder's funeral was a public event?
Or that the funerals for homosexuals are public? What Chiro was hinting at (if I may be so bold as to speak for him) is the hypocrisy between doing something about preventing people from interfering in a soldier's funeral and doing nothing to prevent people from interfering in other funerals. It's hypocrisy because both events are private (unless advertised as being a public event). Phelps is allowed to interfere in one funeral but not another?
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arachnophilia Member (Idle past 1373 days) Posts: 9069 From: god's waiting room Joined: |
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Hyroglyphx Inactive Member |
So are you saying the Snyder's funeral was a public event? Or that the funerals for homosexuals are public? Neither. It was a private function, which makes the Phelps clan in violation to that.
What Chiro was hinting at (if I may be so bold as to speak for him) is the hypocrisy between doing something about preventing people from interfering in a soldier's funeral and doing nothing to prevent people from interfering in other funerals. I think interfering at any funeral procession should be illegal. I don't know of any funeral that is public, or if it is, that it was advertised as a public viewing. But even still, people can't just say or act however they feel, thinking that the first amendment will allow them to. They still run the risk of disorderly conduct.
It's hypocrisy because both events are private (unless advertised as being a public event). Phelps is allowed to interfere in one funeral but not another? I didn't know that Phelps has done this to other funerals, though knowing him, I certainly wouldn't put it past him. I for one think he is entirely wrong, regardless of who it is. “This life’s dim windows of the soul, distorts the heavens from pole to pole, and goads you to believe a lie, when you see with and not through the eye.” -William Blake
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Chiroptera Inactive Member |
What Chiro was hinting at (if I may be so bold as to speak for him) is the hypocrisy between doing something about preventing people from interfering in a soldier's funeral and doing nothing to prevent people from interfering in other funerals. Close enough for government work. I actually don't know whether it is now illegal to protest at anyone's funeral -- I think some jurisdictions have passed more general laws. But I do note that it took the outrage of protesting against America's Heros to get these laws passed. Evidently, dead gay kids just didn't warrant more than, "Well, that's the First Amendment for you. What can you do?" Computers have cut-and-paste functions. So does right-wing historical memory. -- Rick Perlstein
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Rrhain Member Posts: 6351 From: San Diego, CA, USA Joined: |
Jon responds to me:
quote: Incorrect. In fact, the exact opposite. It's one of those freedom-expanding bills that have been enacted. It expands my right to privacy. Why do I have to give up my privacy just because you want to be a prick? Where else do you propose one should hold a funeral? I've paid for the use of the space. Nobody is stopping you from making your voice heard. Just not in my private space. Your right to speech does not come with the right to an audience. Rrhain Thank you for your submission to Science. Your paper was reviewed by a jury of seventh graders so that they could look for balance and to allow them to make up their own minds. We are sorry to say that they found your paper "bogus," specifically describing the section on the laboratory work "boring." We regret that we will be unable to publish your work at this time.
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Rrhain Member Posts: 6351 From: San Diego, CA, USA Joined: |
Jon responds to kuresu:
quote:quote: Um, you do know how to read English, yes? The right you're looking for is the one that comes right after the word "is." "Is" is a verb indicating a state of being, equating the two nouns on either side.
quote: That's the point behind the "judicial power" that's mentioned in the Constitution: To interpret the Constitution and tell us what it means. You're not about to whine that "the right to be 'left alone' isn't mentioned anywhere in the Constitution!" are you? Of course it isn't. It isn't supposed to. You have actually read the Constitution, yes? Have you forgotten the Ninth and Tenth Amendments already? The Ninth is particularly important:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. But the Tenth expands on this concept:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. In short, the Constitution is not a laundry list. You have rights that aren't mentioned in the Constitution. Just because they aren't mentioned doesn't mean they don't exist or aren't Constitutionally guaranteed.
quote: As is typical, you're just a slow-minded, thought-free blowhard; trying to justify your simplistically false conceptualization of the Constitution by regurgitating endless streams of refuted crap. Now that we have the ad hominem out of the way....
quote: That would be the Ninth and Tenth. You have read the Constitution, haven't you? You remember Griswold v. Connecticut, yes? The SCOTUS ruled that the Ninth Amendment includes the right of privacy with regard to married couples wishing to use birth control. In 1969, the SCOTUS rules that there is a right to privacy with regard to possession of pornography, citing the First and Fourth. Roe v. Wade declares a right to privacy with regard to medical decisions. This idea that the Constitution doesn't protect a right to privacy simply because the phrase, "right to privacy," isn't to be found is to be disingenuous at best.
quote: Huh? You're free to hate all you want. You just don't get to do it in my house or in the facility that I have rented for my use.
quote: What censorship? Nobody is preventing Phelps from speaking. Nobody jailed him for his speech. Your right to speech does not come with a right to an audience. Rrhain Thank you for your submission to Science. Your paper was reviewed by a jury of seventh graders so that they could look for balance and to allow them to make up their own minds. We are sorry to say that they found your paper "bogus," specifically describing the section on the laboratory work "boring." We regret that we will be unable to publish your work at this time.
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Rrhain Member Posts: 6351 From: San Diego, CA, USA Joined: |
kuresu writes:
quote: While I agree, I should point out the fine details: There were already state laws on the books in various states preventing picketing during a funeral. The "Fallen Heroes" law is a federal law concerning picketing at national cemetaries. Personally, I like the Phelps' reaction teams methodology: When you learn that they're coming to town, you immediately set up a fundraiser where people pledge an amount for every minute/hour they're protesting. All funds are to go to support the very people Phelps and his clan are trying to intimidate. Thus, his very presence ends up benefitting the people he's trying to shut down. This has proven to be very successful and often ends up driving him away. Rrhain Thank you for your submission to Science. Your paper was reviewed by a jury of seventh graders so that they could look for balance and to allow them to make up their own minds. We are sorry to say that they found your paper "bogus," specifically describing the section on the laboratory work "boring." We regret that we will be unable to publish your work at this time.
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Chiroptera Inactive Member |
There were already state laws on the books in various states preventing picketing during a funeral. The "Fallen Heroes" law is a federal law concerning picketing at national cemetaries. I stand corrected. Thanks. Computers have cut-and-paste functions. So does right-wing historical memory. -- Rick Perlstein
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