[tsimionescu]

This is an absurd line, and plainly wrong.

If I were to bring a civil suit against you because the comment above offended my sensibilities, it would be quickly thrown out of court because it is your first amendment right to say anything you like, with certain exceptions that the government recognizes as limitations of this right.

Even though this is a civil matter, it is still a judgement on government law. This is not some contract dispute where the parties are simply seeking arbitration, with no government involvement except as a "service provider" for this arbitration.

[sjsdaiuasgdia]

Alex Jones will not have a criminal record as a result of this. He has not been declared as committing a crime.

He did take actions that, by civil law, created civil liabilities. He was sued over those liabilities. He failed to participate in the civil litigation process and lost badly as a result.

Civil and criminal law are not the same thing and your insistence otherwise doesn't change the reality.

[tsimionescu]

Civil and criminal law are separate things, absolutely. But the first ammendment applies to both civil and criminal law - it is a limitation on the government's ability to create laws, not just a limitation on the government's ability to pursue criminal penalties.

Alex Jones is only liable because there exists a law that the government created that says that defamation is illegal. Since this is a law, it could have been in conflict with the first ammendment - and, in fact, there have been legal challenges on this very line that reached the SC. But the Supreme Court has found that this is an acceptable limitation on the first amendment rights, with the specific limitations.

But, for example, if the US government wanted to adopt the English law on defamation, it would not be constitutional in the USA, it would run foul of the first ammendment.

[jklinger410]

> But the Supreme Court has found that this is an acceptable limitation on the first amendment rights, with the specific limitations.

Right, and I think this example is more about maintaining a civil society than it is strictly about freedom of speech. I think it's pretty clear to say that "freedom of speech" has limitations, making the word "freedom" contextually debatable.

[jklinger410]

What happens if you don't pay your civil liabilities? Civil vs criminal is a silly distinction when it comes to discussing right suppression. Jail time is not the only way to suppress a right.

[sjsdaiuasgdia]

You go to jail for failure to abide by a court order. Which is still distinct from going to jail for your speech.

Alex Jones can continue to say whatever he wants, from a criminal perspective. He may be somewhat more aware of the potential costs of being a professional liar now, which might cause him to make different decisions as he analyzes the cost/benefit ratio for something he wants to say.

The government won't stop him from saying whatever he chooses to say. The government might enforce costs, should he be sued for what he says and is found liable.

[tsimionescu]

This is not how freedom of speech works. The civil or criminal nature of any law limiting speech is irrelevant. What is relevant is if a law limiting speech is narrow enough and if it serves a purpose that is aligned with the constitution. Anti-defamation laws clearly do serve such a prupsoe (they limit only specific types of speech that is not of public interest, and they exist to protect the victim's constitutional rights where they conflict with the a user's free speech right), so they are compatible with the first amendment, and would have still been if they added criminal penalties and not just civil effects.

The government/congress/states can't make a law or regulation that says "you have a right to never hear anyone signing in the rain". Even if such a law somehow passes, when you bring a civil suit against someone singing in the rain because you claim they violated your right (enshrined in this law) to not hear such singing, you will lose your case, as the law you based it on infringes on the first amendment rights of the singer.

Note that things would be very different if, instead of a law, you had a HOA which enacted a rule saying "singing in the rain is not allowed on the premises; violators will be fined 1000$". Assuming any signage about this is clear enough and so on, you could be forced in court to pay such a fine to the HOA, and may even end up doing jail time if you refuse even after losing a lawsuit with the HOA. The first amendment is a limitation of the state's ability to create laws, it doesn't limit private entities from limiting speech, nor the government's ability to enforce property rights behind such an ability.

[jklinger410]

> What is relevant is if a law limiting speech is narrow enough and if it serves a purpose that is aligned with the constitution. Anti-defamation laws clearly do serve such a prupsoe (they limit only specific types of speech that is not of public interest, and they exist to protect the victim's constitutional rights where they conflict with the a user's free speech right

I'm sorry, is there something in the constitution that gives you the right to not be defamed?

[triceratops]

> is there something in the constitution that gives you the right to not be defamed

Have you considered that there's a significant cultural difference between you and the framers of the Constitution?

Those guys were mostly "gentlemen" in the 18th and 19th century sense. Lying, sullying someone's good name, and otherwise dragging them into disrepute was decidedly "ungentlemanly" conduct. I don't think most of them would consider it "free speech" that could pass without censure, no matter what the text of the constitution said. Let's not forget Alexander Hamilton died in a duel because of some words he didn't even recall saying.

Consider also that the line for what was permissible speech has moved over time. Exhibit A: https://en.wikipedia.org/wiki/United_States_obscenity_law#Pa...

[jklinger410]

> The government won't stop him from saying whatever he chooses to say. The government might enforce costs, should he be sued for what he says and is found liable.

This is just a shell game of limiting speech.

[sjsdaiuasgdia]

Enjoy your libertarian hellhole. I prefer to live in a society.

[freejazz]

The ignorance on this website is both astonishing and incredibly obnoxious