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A serious question [is there a lawyer in the house

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I'm going to ask a question. This question will have to do with politics, however; it's not political. I'm inquiring into the legality of the matter, no if it is rude, disrespectful, in bad taste or otherwise. I don't care which side you're on or if you agree with the practice or not.

This is strictly a legal question whether or not someone's rights have been violated. You may state your opinion on whether or not you believe it's legal, but not what you feel about it in general. I DO NOT wish to turn this into ANY kind of debate or controversy. I really would like to know if you personally belive this is a constitutional right or not. I can see both sides of the arguement. I want to know the legal side.

I firmly believe the group here can answer this question in good order and respect everyone else's opinion as well as all of the forum rules. Yes, I know, sometimes we step out of bounds some times, including myself. I honestly belive enough in the members here to answer this question responsibly.

I am asking this question here as I would like to have this question asnswered by reasonable, rational civilized adults from different backgrounds and beliefs than myself.

Basil, please by all mean delete this thread if you feel it inappropriate or in any way out of line. Once again, it's not what you think about the act, it's whether or not the individual has the right to do so. I would really like to hear from an attorney on this.




A political figure is making a speach. He is then heckled, shouted at and/or otherwise interupted by an audience member. This person is then quickly escorted away by the police. While we all know it's not a good idea, the question is:



Would this person's acts be protected by the first amendment?



A simple yes or no is all that is required. Thank you in advance for your participation and respect for the forum rules. I hope I'm not overstepping any bounderies by asking you guys to help me get my head around this.


Here is the question again:


<span style="font-weight: bold">Would this person's action be protected by the first ammendment?
</span>
 
In my opinion, and I'm not a lawyer, it can't be answered by a simple yes or no. Freedom of speech is one thing, but to use it to cause mental duress or other forms of psychological coercion, or create situation where there is a possibility of physical harm to another individual, to me, makes protection from the first amendment out of the question. It's jail time! JMHO. PJ :nopity:
 
I expect it depends on the details of the protest and the specifics of the disruption. Can you go into a church or a school classroom and shout down the minister or teacher and expect not to be escorted out? I expect the answer is no. The first amendment doesn't protect your right to disrupt other peoples' rights to hear someone speak. The Supreme Court has upheld certain limits on free speech (for example you can't shout fire in a theater). I just read of a case where several students were found guilty by a jury of disrupting a lecture at a University by a visiting dignitary.

In my opinion, if people go to hear that person, do other people have a "right" to disrupt the venue so that others can't hear what they went there to hear? I suspect no. In 2008 I attended an event. There were some protestors who shouted us down as we walked to the event, but they were made to stay a specific distance FROM THE EVENT. I have seen many events where disruptive idiots were escorted from the place for disrupting the event and trying to prevent other people from hearing what they were there to hear. In my opinion (and I'm not a lawyer but this is the way I feel), Freedom of speech means you have a right to say what you want, but it doesn't protect your right to be heard anywhere or any time you want under any circumstances. You could rent a facility and give a speech on whatever you wanted, but do I have the right to come into your event and disrupt it so as to infringe on your rights?

PS: I don't think someone has a right to disrupt someone else's speech, even if I agree with what the protestor is saying and disagree with the actual speaker. I just read such a case. I have no use for the person speaking at the event, and I did actually agree with the content (most of it) of what the protester was saying - but I did not feel the protester was in the right to disrupt the event for those who were there to hear the speaker. I felt police and security personnel were right to remove the guy - which they did.
 
Not only is it exceptionally rude and disrespectful to go to an event in which a speaker is giving a lecture and heckle them, it is violating the speakers rights as well as those who are there to hear them speak. So yeah I think that in these situations security is in the right to remove the offending person from the event. Granted I am no constitutional lawyer but I do not think that an individuals rights to free speech extend to the point of infringing upon others rights.
 
waltesefalcon said:
Not only is it exceptionally rude and disrespectful to go to an event in which a speaker is giving a lecture and heckle them, it is violating the speakers rights as well as those who are there to hear them speak. So yeah I think that in these situations security is in the right to remove the offending person from the event. Granted I am no constitutional lawyer but I do not think that an individuals rights to free speech extend to the point of infringing upon others rights.
Click to expand...

I was at an event once where a "controversial" speaker (as defined by people who disagreed with her) was actually pelted with pies. I don't like to see that kind of stuff no matter who is speaking or whether or not I agree with them.
 
A speech on private property? Just HOW disruptive?
 
I have, in cases where disruption appeared to be headed to be headed towards physical altercation, escorted said disruptors out.....and a time or two they decided they would rather take ME on.......at which point I placed my hand on my hips, allowing my jacket to be slid back.....and they could see I was exercising my second amendment to their first.....and you don't argue long with a .45ACP.
So there.

Once was in a church......
 
One could argue that the heckler is violating the speaker's right to peaceable assembly, so in this case I would say no.
 
Basil said:
waltesefalcon said:
Not only is it exceptionally rude and disrespectful to go to an event in which a speaker is giving a lecture and heckle them, it is violating the speakers rights as well as those who are there to hear them speak. So yeah I think that in these situations security is in the right to remove the offending person from the event. Granted I am no constitutional lawyer but I do not think that an individuals rights to free speech extend to the point of infringing upon others rights.
Click to expand...

I was at an event once where a "controversial" speaker (as defined by people who disagreed with her) was actually pelted with pies. I don't like to see that kind of stuff no matter who is speaking or whether or not I agree with them.
Click to expand...


And this was where,...Stoogapalooza? :confuse:

Did she then fork her fingers and poke them in the eye? :whistle:

woo.woo.woo.woo..nyuck.nyuck.nyuck... :jester:
 
and just when did you do this Billy :jester:
 
Right after she stuck her hand out, hit it and her arm swung around and hit me on top my head.

:whistle:
 
Before reading any of the comments I did vote yes. Having said that it doesn't mean that he can't be told to leave. I would suggest that while he has a right to his opinion he does not have the right to disrupt the event. Just my opinion but I'm not an attorney and quite often what is immoral is not illegal...

Now I'll see what you all have had to say.
 
judow said:
Now I'll see what you all have had to say.
Click to expand...

"Ooohh, a woman! Woo-woo-woo-woo-woo-woo!!!"


"Quite youse two, don't youse know there are ladies present?" [SELTZER]


"Oh, wise guy, aay?!"[SLAP!]


"Order! Order!" "Order? I'll take a ham sandwich!" "Hold thy tongue!" "Not tongue, ham!" [SMACK!]


"Now lissen up youse two.."



Woo-Woo-Woo-Woo....nyuk nyuk nyuk :jester:
 
...inch by inch...
 
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