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Reply #18: I respectfully disagree, in that [View All]

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Home » Discuss » General Discussion: Presidency Donate to DU
billh58 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-20-11 04:28 PM
Response to Reply #13
18. I respectfully disagree, in that
no "Right" is absolute. Most Rights granted by the Bill of Rights, and the freedoms guaranteed by the rest of the Constitution, have been regulated or restricted to some extent -- in the public interest. Actually "free speech" (for the most part) does not exist on private property. Falsely shouting "fire" in a theater in order to cause panic and possible deadly harm, does not enjoy the protection of the First Amendment. In several subsequent rulings, the SCOTUS upheld the general principles of Schenck vs. United States and the Smith Act based on a test of "the advocacy of action, not ideas."

The same premise goes for other Rights: You can not carry a gun onto my private property if I do not allow it, or into certain public buildings where it is regulated, and even where public carry of firearms is legal, there are restrictions which apply to "brandishing," etc. People may not assemble for any purpose on my private property unless I allow it, or in certain public venues without prior permission, and where "public assembly" is allowed, there are restrictions about "disturbance of the peace," etc. The list goes on...

The prohibition that Congress "shall make no law" is very specific in its definitions, but does not prevent the regulation and reasonable restriction of the Rights it refers to.
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