Supreme Court Makes Earth Shattering Decision - Free Speech Online Changed Forever
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Jul 26, 2024
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Hey ladies and gentlemen, Carmine Sabia here for Explain America, and the Supreme Court
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has just issued an earth-shaking 7-2 decision that could affect free speech online as we
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know it. Before we get started, please make sure you like, comment, share and subscribe
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Those little things really help us out and they help our channel continue to grow. The Supreme Court in a 7-2 decision, which is rare, it means that liberals and conservatives
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agreed with each other, in a 7-2 decision decided that free speech is more absolute
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than prosecutors would have you believe. The case involved a singer who was getting what she believed were threatening messages
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from a fan. And I don't want to say what some of the messages said, because we could get in trouble, but
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I will say that he was telling her he could see where she was, that she should perish
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because she wouldn't talk to him, asking her for a hot date, telling her that he was
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going to see her, and just kept messaging her. She would block his account on social media, he would create a new social media account
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and keep messaging her. Now, he was convicted and served 4 years in Colorado for making threats against this singer
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However, the Supreme Court, now that the guy is out of prison, said the case should actually
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be retried because it did violate his free speech rights. And what they said was that the idea that it just, the standard of any reasonable person
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would consider this a threat should not be a catch-all. That was the standard Colorado used
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They said that any reasonable person would consider what this man did to be threatening
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But there were exculpatory circumstances here, is what his people claimed. For example, the man claims to have mental illness
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So what their argument is, is he didn't know his messages could be perceived as threatening
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So to have the standard that any reasonable person would see them as threatening is really
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not fair in his case. This is the court's argument. And the court said the case should be retried, but to keep in mind the First Amendment rights
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of people who are speaking. And if the speaker doesn't believe that their messages are threatening, then there should
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be no conviction. So the Supreme Court standard via the First Amendment is that the speaker, the person
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making the threats or sending the messages as it were, has to believe that they're actually
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making threats and that what they're saying is going to be perceived as a threat. But now you're getting into intentionality
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How can you know what's in the speaker's mind? How can you know what this person intends
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And if you don't take action, do you wait until it's too late
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On the other hand, the ACLU applauded the decision and they said that what they were
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concerned about is that any speech online could be considered a threat by somebody and
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that it would freeze people's speech if they thought that every time they spoke, they could
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get prosecuted for making threats. So there is a two sides of the argument thing here
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Justice Clarence Thomas was one of the justices who dissented on it actually, surprisingly
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You know, it's really a catch-22. I'm not going to give an opinion here because I don't have one, but I would love to hear
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your guys' opinions because this is a very interesting case. We do believe in free speech, but we also don't want people to be threatened
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And this is very problematic because wouldn't you say that a person who would make threats
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like that and do an attack like that, and if you look at the man who killed John Lennon
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if you look at Sirhan Sirhan, if you look at all these people, you would say they obviously
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had mental issues, right? But they followed through on their threats. So you know, what do you do
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And so that's a big question here and I want to know what you guys think of this decision
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Please absolutely let me know in the comments. Also, make sure you like, comment, share, and subscribe
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I'm Carmine Sabia. This is Explain America. We love you guys. God bless you
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