Originally posted by Newjak
So I do think their is a key difference in what you are suggesting vs what you are saying.For instance I don't think people are trying to limit freedom of expression. Anyone can voice whatever they want to say.
Let me try to find a good analogy for this. You can openly hate your neighbor because they are a muslim. No one is saying you can't express an opinion even a bigoted one. There is a line between expression and action though. So for instance you could put a sigh on your lawn that says you hate muslims but you can not go into the realm of action and attack your neighbor because they are muslim or destroy their property because they are muslim.
There is a key difference. Due to the precedence set and upheld over and over, in the US Supreme Court, part of "Freedom of Speech" also includes how you physically express that freedom of speech with your actions. It falls under "protected speech." This type of speech is known as "expressive conduct" or "symbolic speech." It is not simply being able to think and say what you want. It includes actions or behaviors that reflects that "freedom." Part of protected speech could be not serving blacks, Asians, straight white males, etc (but the American Civil Rights Act now prevents that. Yes, the right to not serve people you don't like, for whatever reason, is no longer protected speech specifically due to the American Civil Rights Act).
I don't want you to just take my word for it.
http://law.jrank.org/pages/7019/Freedom-Speech-Expressive-Conduct.html
As you can probably guess, there are other cases that run directly against my idea of Expressive Conduct (ones that I strongly disagree with). One such case is The US vs. O'Brien. O'Brien burned his draft card in protest of the Vietnam War. Due to another law, they got him on a technicality and called it "not protected speech." It was related to the constitution and a law that basically made drafts legal. Burning his card, somehow, violated that law. My opinion is that, today, that legality of that law and his protected speech demonstration would be seen differently. Why? Because we have computers. It would take mere seconds, even without his draft card, to look him up if that scenario came up. No harm done by burning the draft card. But that also means he would probably not burn his card because I believe he burned his card specifically to demonstrate he wouldn't participate in the war.
Maaaaaaaaaaaaaaaaaan, this is all sorts of ****ed up. The Vietnam War is a blight on US History, imo. There are worse things but we really did some bad things, with legal precedence, during that time.
Originally posted by Newjak
So would that mean non-essential places would be able to not serve Blacks, Asians, Women, Catholics, Muslims?
Yes, we've been over that already in this very thread. That's exactly what that means.
Originally posted by Newjak
I hope you see a fundamental problem in this kind of attitude.
I would never refer to "freedom" as a problem unless I was an oppressive fascist. uhuh
As stated many times before, you have to take the bad with the good. Your right to be a douchenugget is also another's right to love everyone. Freedom of Speech is awesome...but it can also be ugly. It's not "freedom" if the ugly cannot be allowed.