62
posted ago by dekachin ago by dekachin +62 / -0

I'm making this to arm you with basic legal concepts that Democrats are apparently unaware of.

The context is the new Michigan hate speech law which passed the state House. There are many other similar laws being pushed, however.

This bill uses the weasel words criminalizing causing a person to "feel terrorized, frightened, or threatened."

The law tries to save itself from 1A challenges by including that it "does not include constitutionally protected activity or conduct that serves a legitimate purpose." This little trick does not work.

Laws must be clear. A law with "terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law." https://en.wikipedia.org/wiki/Vagueness_doctrine

No one knows whether speech is "constitutionally protected" or not, or "serves a legitimate purpose". Judges decide those things. These are determinations which a police officer is not qualified to make. A speaker, a "victim", a cop, a judge, or a juror "must necessarily guess at its meaning" & will "differ as to its application". Thus, all laws of this type will always be void for vagueness.

Police will routinely violate 1A rights by erring on the side of arresting everyone & letting the courts sort it out. This will chill 1A protected speech. This is the ultimate goal for the Democrats. They want people to be too scared to speak, or feel compelled to comply with liberal Newspeak out of fear of arrest.

This law, & all other "hate speech" laws, are a dagger pointed at the heart of the 1st Amendment.

The Left is openly waging war against the 1st Amendment, for exactly the reasons the 1st Amendment is intended to guard against.