[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...