Aizle wrote:
DFK! wrote:
Unabashed total abridgement of the Freedom of Speech.
How can you have mixed feelings about that?
Hypothetically, is lying protected by the 1st amendment?
It depends on a number of factors.
The first is how strictly you interpret the 1st. The second, and most important, is how it really works in society.
The answer to the second is yes, sort of. You can lie your *** off about anybody you want. If you cause them harm through the lie, they can sue you for libel/slander. You may be found guilty. If found guilty, and this is the important part,
you can lie your *** off again.
Preventative usurpation of your free speech rights is not allowed except in incidents where it creates a clear and present danger to other citizens, such as directly advocating violence or shouting "fire" in a crowded theater. All other [related] speech is protected.
Therefore, if the government believes insurance companies are: 1) lying to people, 2) causing causal harm by doing so, and 3) believes they can prove it in a court of law; they should sue.
Otherwise, simply using the power of law to close down the right to free speech is a bold-faced total abridgement of the 1st Amendment.