[QUOTE="Espada12"]
Read what I bolded from your post and then link it to what I posted and you may have your answer. Can't you remember what we were discussing in the first place?
dkrustyklown
We are discussing draw Mohammed/holocaust days. That's what the OP is about. You are rambling on about how the government should ban such speech.
I pointed out how banning such speech would be unconstitutional, and backed up my assertion by citing case law.
You cited the definition of defamation, which firstly has nothing to do with the topic at hand and secondly exists from a very old common law tradition in which it is wrong to publish or tell lies about people in order to damage their reputation. Defamation and slander have never been protected by the 1st Amendment because defamation and slander are statements which are false and are intended to deceive.
Depicting mohammed=free speech protected by the 1st amendment
Depicting the holocaust=free speech protected by the 1st amendment
spreading lies and false rumors about people=slander & defamation that is not protected by the 1st amendment.
It really isn't very hard to grasp.
EDIT: Oh, and, I'm still waiting on you to cite some case law for us. Come one, break out the precedents that back up your position. I'll be waiting with bells on.
Again you are missing the point, you say defamation and slander are not backed by the first Amendment (and it isn't), THAT'S MY POINT, they selectively chose what is and what is not backed by the first amendment, obviously without changing they constitution they can do it for this.
I don't see why you need me to bring case law here, do you want me to cite every defamation case that has been successful for the plaintiff?
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