Why Not Free Speech?

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The Conservative
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Re: Why Not Free Speech?

Post by The Conservative » Tue Aug 04, 2020 12:25 pm

Martin Hash wrote:
Tue Aug 04, 2020 12:21 pm
The Conservative wrote:
Tue Aug 04, 2020 10:44 am
it is dependent on the state and where their definition is.
Federal preeminence (Brandenburg v. Ohio) supersedes State law.
Only if federal jurisdiction takes presidence over state domain.
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Martin Hash
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Re: Why Not Free Speech?

Post by Martin Hash » Tue Aug 04, 2020 12:55 pm

The Conservative wrote:
Tue Aug 04, 2020 12:25 pm
Martin Hash wrote:
Tue Aug 04, 2020 12:21 pm
The Conservative wrote:
Tue Aug 04, 2020 10:44 am
it is dependent on the state and where their definition is.
Federal preeminence (Brandenburg v. Ohio) supersedes State law.
Only if federal jurisdiction takes presidence over state domain.
Uhhhh.... Always.
Shamedia, Shamdemic, Shamucation, Shamlection, Shamconomy & Shamate Change

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The Conservative
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Re: Why Not Free Speech?

Post by The Conservative » Tue Aug 04, 2020 12:59 pm

Martin Hash wrote:
Tue Aug 04, 2020 12:55 pm
The Conservative wrote:
Tue Aug 04, 2020 12:25 pm
Martin Hash wrote:
Tue Aug 04, 2020 12:21 pm

Federal preeminence (Brandenburg v. Ohio) supersedes State law.
Only if federal jurisdiction takes precedence over the state domain.
Uhhhh.... Always.
What I mean by that is, it only becomes relevant if the federal government decides to take over, otherwise states have the say. It's the same for Gay Marriage and other things, like pot.
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Martin Hash
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Re: Why Not Free Speech?

Post by Martin Hash » Tue Aug 04, 2020 1:42 pm

The Conservative wrote:
Tue Aug 04, 2020 12:59 pm
Martin Hash wrote:
Tue Aug 04, 2020 12:55 pm
The Conservative wrote:
Tue Aug 04, 2020 12:25 pm


Only if federal jurisdiction takes precedence over the state domain.
Uhhhh.... Always.
What I mean by that is, it only becomes relevant if the federal government decides to take over, otherwise states have the say. It's the same for Gay Marriage and other things, like pot.
Dude, all someone has to do is appeal; eventually it gets federal. Gay Marriage wasn't federal but it is now. Pot is federal but none of the States are setting up an appeal.
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The Conservative
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Re: Why Not Free Speech?

Post by The Conservative » Tue Aug 04, 2020 1:56 pm

Martin Hash wrote:
Tue Aug 04, 2020 1:42 pm
The Conservative wrote:
Tue Aug 04, 2020 12:59 pm
Martin Hash wrote:
Tue Aug 04, 2020 12:55 pm

Uhhhh.... Always.
What I mean by that is, it only becomes relevant if the federal government decides to take over, otherwise states have the say. It's the same for Gay Marriage and other things, like pot.
Dude, all someone has to do is appeal; eventually it gets federal. Gay Marriage wasn't federal but it is now. Pot is federal but none of the States are setting up an appeal.
Federal Law Cannabis is illegal, Mass it's legal, NH it's legal, etc...
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Martin Hash
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Re: Why Not Free Speech?

Post by Martin Hash » Tue Aug 04, 2020 2:23 pm

The Conservative wrote:
Tue Aug 04, 2020 1:56 pm
Martin Hash wrote:
Tue Aug 04, 2020 1:42 pm
The Conservative wrote:
Tue Aug 04, 2020 12:59 pm


What I mean by that is, it only becomes relevant if the federal government decides to take over, otherwise states have the say. It's the same for Gay Marriage and other things, like pot.
Dude, all someone has to do is appeal; eventually it gets federal. Gay Marriage wasn't federal but it is now. Pot is federal but none of the States are setting up an appeal.
Federal Law Cannabis is illegal, Mass it's legal, NH it's legal, etc...
No legal cannabis State is going to appeal, and if you had a State cannabis conviction, would you appeal it and risk a Schedule 1 federal felony conviction? If a case went federal, State law would be superseded.
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The Conservative
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Re: Why Not Free Speech?

Post by The Conservative » Tue Aug 04, 2020 9:31 pm

Martin Hash wrote:
Tue Aug 04, 2020 2:23 pm
The Conservative wrote:
Tue Aug 04, 2020 1:56 pm
Martin Hash wrote:
Tue Aug 04, 2020 1:42 pm

Dude, all someone has to do is appeal; eventually it gets federal. Gay Marriage wasn't federal but it is now. Pot is federal but none of the States are setting up an appeal.
Federal Law Cannabis is illegal, Mass it's legal, NH it's legal, etc...
No legal cannabis State is going to appeal, and if you had a State cannabis conviction, would you appeal it and risk a Schedule 1 federal felony conviction? If a case went federal, State law would be superseded.
States have already told federal judges and even presidents to fuck off with little to no political repercussions. Why would this be any different?
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Martin Hash
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Re: Why Not Free Speech?

Post by Martin Hash » Tue Aug 04, 2020 9:54 pm

Guy, no cases have hit the courts for the reasons I’ve mentioned.
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SuburbanFarmer
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Re: Why Not Free Speech?

Post by SuburbanFarmer » Sat May 22, 2021 11:12 pm

Not sure where to put this, but an excellent online magazine devoted to free speech.

https://areomagazine.com/
SJWs are a natural consequence of corporatism.

Formerly GrumpyCatFace

https://youtu.be/CYbT8-rSqo0

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The Conservative
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Re: Why Not Free Speech?

Post by The Conservative » Sun May 23, 2021 9:16 am

Martin Hash wrote:
Tue Aug 04, 2020 9:54 pm
Guy, no cases have hit the courts for the reasons I’ve mentioned.
Ok, I got to ask, when does state law superseded federal law, and when does federal law supersede state law? Because as far as I was told growing up, and in college, that federal always trumps state... (the only exception to it would be if the state refuses to acknowledge federal jurisdiction) Such as Sanctuary Cities and states as examples.
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