58

Bobstro gave the practical answer, that it's a stupid idea for many reason. This is for the US in general, states may have laws that say otherwise. It is not illegal to provoke someone or a government official (police), it's done all the time in protest (not riots). It is not illegal to run from a cop who has not detained you in any way, or has not ...


35

Yes The 1947 constitution abolished Lèse majesté in Japan.


34

In most of the United States, the answer is yes. The First Amendment protects your freedom of speech from government interference, not from private interference. You don't have to be friends with someone who says "war sucks," and you can kick someone out of your house for opposing the invasion of Libya. But corporations enjoy mostly the same First Amendment ...


31

It might be more helpful to reverse the analogy. Unprotected speech is a box, and everything that doesn't fit inside the box is free speech. The box is small and strangely shaped, and therefore, very few things will fit inside. The government has spent centuries trying to cram things into it, so we have a pretty good idea of what fits and what doesn't: ...


30

The question actually asked, "what legal theories would support or harm...", is somewhat unclear. But what the questioner seems to be asking is, basically, what would happen if you tried it? The answer, it seems to me, is pretty straightforward. In the hypothetical case, you have been publishing a notice for years, saying "I have not been served with a ...


28

Short answer: It depends on the state and exactly how you do so. Stating how you voted, by itself, is fine; however, taking a photo of your ballot instead of just saying how you voted is illegal in some states, especially if the photo was taken within a polling place. Laws banning these so-called "ballot selfies" may be unconstitutional, and have ...


25

The answer depends on what state they are in. In some states, both parties must consent to being recorded. In the rest, only one party must consent. If the two are not in the same state, it may also depend on which states they are in. Here's a nice summary of the issues, and a fairly detailed list of the laws in each state. (Caveat: As the discussion in the ...


19

Short Answer It was probably legal to rant and probably illegal to shut down the person doing the ranting. Analysis Generally speaking, "content based" restrictions on speech are very limited, although "time, place and manner" restrictions are allowed if they are reasonable and not a backdoor way to restrict content, under the First Amendment. The "time, ...


18

Denver lawyer David Lane has said, “The First Amendment lives in a rough neighborhood and if you can’t stand the neighborhood move to China … or somewhere the First Amendment does not exist.” "One man's vulgarity is another's lyric." Cohen v. Cali. 403 U.S. 15, 25 (1971) At this point, we need to define illegal as used in your question. For instance, do ...


18

Short Answer The facts described by the OP do not, alone, constitute a crime. However, they are likely to begin a chain of causal events that can lead to a crime following a natural sequence of escalatory stages if the "suspect" does not change their behavior to stop the progression. Let's analyze how this might happen... Analysis Stage One: "...


15

Yes. Japan has adopted Free Speech and other western liberal democratic institutions following the 1945 surrender to the United States and subsequent occupation, though it wasn't the first attempt at some westernization. Beginning in 1868 with the Meiji Restoration and lasting until the 1945 surrender, Japan underwent a major period of industrialization ...


14

The main relevant bit of constitutional law is Employment Division v. Smith, 494 U.S. 872, where it was held that a general law against use of peyote does not violate the Free Exercise clause, though in Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 a law specifically designed to restrict Santeria animal sacrifices is an undue burden on ...


13

Private entities are not restricted by the First Amendment. The First Amendment to the U.S. Constitution is: 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 ...


13

You can't. In order for an action to be enforceably prohibited for everybody, there has to be a law to that effect, enacted by the government. Your local legislature will not make it a crime to discuss peanut butter, generally or specifically with you. In some countries, such as the US, such a law would be unconstitutional. Your only hope is to offer ...


12

Taking the US as an example, the Constitution states 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. Congress or a state government ...


12

The precedent arising from the Millard Gillars treason prosecution is Gillars v. United States, 182 F.2d 962 (D.C. Cir. 1950). There were numerous issues raised on appeal but portion of the opinion regarding what counts as treason is as follows: The theory of this contention is that treason may not be committed by words, that all vocal utterances are, by ...


12

I don't know of any law that prohibits the disclosure of your choices on a ballot. It would certainly be invalidated on First Amendment grounds. There are laws outlawing the disclosure of pictures of your ballot, but there is little remaining debate that these laws violate the First Amendment. New Hampshire's ballot-selfie law was invalidated in 2015, and ...


11

There's a video of a night-time police stop of a 17-year-old driver in Michigan for flashing the officer with high beams. The officer initially states his intention to only give the driver a warning. Unfortunately, the kid decided to play the "am I free to go?" line rather than cooperate, and the officer decided to escalate the situation. At one point, the ...


11

Section 103 of the German criminal code states: (1) Whosoever insults a foreign head of state, or, with respect to his position, a member of a foreign government who is in Germany in his official capacity, or a head of a foreign diplomatic mission who is accredited in the Federal territory shall be liable to imprisonment not exceeding three years ...


11

There are lots of times when it's illegal to lie. Among them: impersonating a federal agent (18 USC 912) lying to a federal agent (18 USC 1001); health care fraud (18 USC 1035 and 1347); mail fraud (18 USC 1341); wire fraud (18 USC 1343); perjury (18 USC 1623); False Claims Act (31 USC 3729-33); and libel and slander (common law). But you're right that ...


11

Since the mod welcomes answers from other jurisdictions a short note on the situation in Germany. In 2017, the head of the federal election commission ("Bundeswahlleiter") filed charges against several persons who took selfies of their mail-in ballots in their homes and published them. He referred to §107c of the penal code that forbids to violate ...


10

Quite a few states have laws against things like "interfering with a peace officer" or "obstructing a peace officer". This action might or might not fall within that statute, but there's enough variation in wording between states that it's impossible to say in general. It can also depend on some other parts of the situation, such as whether the police ...


10

In the United States, blasphemy is really not a crime even if it severely offends certain people and tends to cause them to want to riot and kill the person who offends them. Most Americans who are familiar with the law and the U.S. Constitution strongly support this policy and think it is obviously right. Not every country interprets its freedom of speech ...


10

Is this illegal? No, subject to some possible narrow exceptions discussed below. Do the social media companies have a duty under the First Amendment to not censor users? No. Indeed, usually, there is greater liability exposure for failing to censor content, for example, by failing to honor a "take down notice" under Title II of the Digital ...


10

Not necessarily. The right to a translator is derived from the 5th, 6th and 14th Amendments, and the prohibition against discrimination based on national origin (the Civil Rights Act). However, SCOTUS noted in Perovich v. US, 205 US 86 that appointment of a translator is a discretionary matter for the court (this was simply mentioned, without details as to ...


9

Is this true? The word "employers" suggests that he's using the word institution to include businesses. Yes. So can a person working for a grocery store or drugstore be fired for saying "I didn't support the invasion of Libya" or wearing a shirt that says "War sucks"? Yes. Virtually all of the rights in the federal constitution are only protected ...


9

If I want to protest for or against President Trump and decide to wear a Trump mask, isn't that speech protected by the first amendment? Probably. The matter of intent, in any event, is for a court to decide (if the prosecutor determines that the question should even be presented to a court). For example, someone seeking to rob a bank in a mask would ...


9

The US developed from an earlier kingdom, and the First Amendment enshrines the main issue that led to our departure from that kingdom. The underlying political premise has been that disagreement is to be dealt with rationally and not through force, such as where opinions contrary to those articulated by the government are squashed (in order to eliminate ...


8

Trivially, yes The first amendment was adopted on December 15, 1791. Every time there has been a dispute about what it means that has gone to court since then, the judgement of that court has established, overturned or clarified precedent - that's what common law courts do. The government can limit your speech The Supreme Court has recognized categories ...


8

Overview The cop is basically wrong. Sexual harassment is not the only kind of harassment recognized by U.S. law. The question and the cop's answer to it, assume that simply asking certain questions is illegal or not illegal, but it isn't that straight forward. Words communicated verbally are part of the analysis, but not the entire analysis. It all depends ...


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