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    Selects: How Free Speech Works

    enSeptember 18, 2021
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    Podcast Summary

    • Freedom of speech and rewards for spendingThe US Constitution protects freedom of speech, while the Capital One Venture X Card lets users earn 2X miles on every purchase and enjoy travel perks

      Freedom of speech is a fundamental right protected by the US Constitution, ensuring individuals can express their thoughts and ideas without censorship or restriction by the government. Meanwhile, the Capital One Venture X Card offers cardholders unlimited 2X miles on every purchase, along with premium travel benefits like airport lounge access and a travel credit. Whether it's exercising your right to free speech or earning rewards for everyday spending, these examples highlight the importance of enjoying the freedoms and perks that come our way.

    • Historical roots of freedom of speech in the USThe US Constitution's First Amendment protects freedom of speech, rooted in the desire to counteract British censorship and Enlightenment values. Courts have shaped and expanded its definition over time.

      The protection of freedom of speech in the United States has deep historical roots, stemming from the desire to counteract the British monarchy's efforts to suppress dissenting opinions during the colonial era. This desire for free expression was also a significant aspect of Enlightenment thinking. However, the definition and scope of freedom of speech have been shaped and refined over time through court cases and rulings, with the judicial branch playing a crucial role in interpreting and expanding the boundaries of this fundamental right. The US government's three distinct branches ensure that freedom of speech remains a dynamic and evolving aspect of American law.

    • Protecting Free Speech for Cultural EvolutionFree speech is a fundamental right that encourages the exchange of ideas and societal progress, even if the content is offensive or controversial.

      The protection of free speech in the United States is a fundamental right that allows for the exchange of ideas and cultural evolution, despite it sometimes leading to offensive or controversial content. This right was established to prevent the government from being the sole arbiter of ideas and to encourage the introduction of new thoughts into the marketplace. Historically, this right has been upheld even for unpopular or hateful speech due to the belief that such speech can contribute to societal progress. The line between protected speech and hate speech can be blurry, and its interpretation has evolved over time, with historical examples such as the civil rights movement illustrating the importance of this protection.

    • Europe's history of totalitarian regimes and speech control vs US freedom of speechEurope's strict regulations aim to prevent hatred and incitement, rooted in history, contrasts US prioritization of free speech. Online safety for kids, financial advice, and earning with Airbnb were also discussed.

      Europe's strict regulations on speech to prevent hatred and incitement against certain groups is rooted in their history of totalitarian governments using such speech for propaganda and inciteful purposes, leading to devastating consequences. In contrast, the US approach prioritizes freedom of speech. Meanwhile, the introduction of Zigazoo, a kid-safe social media platform, highlights the importance of online safety for children. Additionally, the significance of asking the right questions, particularly in financial matters, was emphasized with the help of Certified Financial Planner professionals. Lastly, the potential of earning extra income through Airbnb by sharing a spare room or entire home was mentioned.

    • The limits of free speech when it presents a clear and present dangerThe concept of free speech is not absolute, and it can be limited if it poses a clear and present danger to public safety or order, as established in Schenck v. United States, but the definition and application of these limits continue to be debated and redefined.

      The concept of free speech is not absolute, and it can be limited if it presents a clear and present danger to public safety or order. This was established in the Schenck v. United States case, where the Supreme Court upheld the conviction of Charles Schenck for distributing anti-draft materials, arguing that the speech created a clear and present danger that Congress had the right to prevent. However, Justice Holmes later regretted this decision and dissented against his own test when it was used to suppress dissent, leading to the more stringent standard of imminent lawless action for incitement to violence. In essence, the balance between individual rights and public good is a complex issue, and the boundaries of free speech continue to be debated and redefined.

    • Landmark case defining obscenity: Miller v. CaliforniaThe Miller v. California case established a test for defining obscenity, with the Supreme Court ruling that protecting children's wellbeing outweighs free speech. The court's role in determining obscenity remains contentious, but the three-prong test has been used to protect pornography, except for child pornography.

      The landmark case of Miller v. California in 1973 established a test for defining obscenity, but the Supreme Court's involvement in regulating obscene material remains a contentious issue. Marvin Miller, who ran an adult book business, was arrested for mailing potentially offensive material. The case went all the way to the Supreme Court, which ruled that protecting children took precedence over free speech. However, the court's role in determining what is and isn't obscene has been criticized as an intrusion into moral legislation. Despite this, the court has generally come to protect pornography, with exceptions for child pornography. The three-prong test, which considers whether the average person applying contemporary community standards would find the material appeals to prurient interest, depicts or describes in a patently offensive way sexual conduct specifically defined by the applicable state law, and taken as a whole, lacks serious literary, artistic, political, or scientific value, came out of this case. The debate over the court's role in regulating obscenity continues to be a complex and controversial issue.

    • The definition of obscenity and community standardsThe definition of obscenity is subjective and can vary greatly depending on community standards, making it a complex issue in the digital age, particularly regarding social media and private companies' content regulation.

      The definition of obscenity and what is considered protected free speech, particularly in the digital age, is subjective and varies greatly depending on community standards. This was discussed in relation to the case of Miller and the definition of obscenity, which can be influenced by the specific community's values and norms. Additionally, with the rise of social media, there is a growing debate over whether likes and comments on platforms are protected free speech under the First Amendment. Private companies, like social media platforms, have the discretion to regulate content on their sites, which can limit free speech in certain ways. The lack of a national standard for defining obscenity and the subjectivity of community standards make it a complex issue with no clear-cut answer.

    • Freedom of Speech Doesn't Shield from ConsequencesFreedom of speech protects expressions but not from emotional harm or intellectual discomfort. Hate speech may not be legally punishable, but it can lead to criticism, boycotts, and protests.

      While freedom of speech protects individuals from legal repercussions for their expressions, it does not shield them from the consequences of their actions. The Constitution safeguards unpopular opinions and minority viewpoints, but emotional harm or intellectual discomfort is not a violation of one's rights. The debate around hate speech and its impact on individuals and society is ongoing, with some arguing that emotional harm can be as damaging as physical harm. The case of Brandenburg v. Ohio illustrates the concept of fighting words, which are not protected by the First Amendment. It's important to remember that freedom of speech does not grant immunity from criticism, boycotts, or protests. Instead, it serves to protect the exchange of ideas, even those that may be unpopular or offensive.

    • Hate Speech and the First AmendmentWhile hate speech is generally protected under the First Amendment, it can be limited if it directly incites violence or poses an imminent danger to public safety.

      While hate speech is generally protected under the First Amendment, it is not protected if it directly incites violence or presents a clear and present danger. This principle was established in the landmark case Brandenburg v. Ohio in 1969 and was further clarified in the case Hesse v. Indiana in 1973. The protection of hate speech is rooted in the civil rights movements and the fight for freedom of speech, but it is not absolute and can be limited if it poses a real threat to public safety. The test for determining if hate speech crosses the line into unprotected territory is whether it is likely to incite or produce imminent lawless action.

    • Exploring Safe Digital Platforms for Kids and Financial Planning OpportunitiesExplore safe digital platforms for kids like Zigazoo, seek guidance from certified financial planners, earn extra income through platforms like Airbnb, and take advantage of anniversary sales for tech deals.

      There are safe and age-appropriate platforms for kids to explore the digital world, such as Zigazoo, which prioritizes data safety and offers a space for kids to share and showcase their creativity without the risk of inappropriate comments or messaging. Another takeaway is the importance of seeking the guidance of certified financial planner professionals when it comes to managing personal finances, as they are committed to acting in the best interest of their clients and offer comprehensive financial planning services tailored to individual needs. Lastly, platforms like Airbnb offer opportunities for individuals to earn extra income by sharing their homes or spare rooms with travelers. Additionally, anniversary sales from tech companies like Dell provide great deals on advanced technology and electronics. Overall, it's important to ask questions, explore new opportunities, and seek out trusted resources to make the most of life's experiences.

    • The Supreme Court's ruling on artistic value in 'Carnal Knowledge' and internet regulation debatesThe Supreme Court's decision to protect artistic value in 'Carnal Knowledge' set a precedent for internet regulation debates, where efforts to protect children could unintentionally limit adult free speech rights.

      The movie "Carnal Knowledge," directed by Mike Nichols, was a frank depiction of sex in relationships, leading to a court case, Jenkins v. Georgia, where the Supreme Court ruled that the film did not qualify as obscene due to its artistic value. In the modern age, there have been debates over internet regulation, such as the Child Online Protection Act (COPA), which aimed to protect kids from online smut but faced opposition due to concerns over government overreach and infringement on individual liberties. The court ultimately struck down COPA due to its overbreadth and the availability of alternatives, like parental controls. This decision raised concerns about the potential impact on free speech rights for adults. As Judge Lowell Reed Jr. noted, efforts to protect children could inadvertently restrict their future free speech rights.

    • Understanding US Libel Laws and Protections for Satire and ParodyUS law protects free speech, including satire and parody, but there are limits such as libel laws. Proving libel is challenging, requiring proof of malice and an untrue statement.

      While freedom of speech is protected in the US, there are limitations such as libel laws. However, proving libel is difficult as the plaintiff must prove the defendant had malice of forethought and the statement was untrue. Satire and parody are also protected forms of speech. The US has a rich history of political satire and cartoons, and the protection of these forms of speech is crucial for social commentary and criticism. It's important to note that not all countries share the same broad free speech protections as the US, and this can lead to conflicts and misunderstandings in the global community.

    • The Complexity of Free Speech in the Interconnected WorldThe protection of free speech in one country can spark controversy and violence in another, highlighting the need to consider the broader implications of speech in the global context.

      The interconnected world through the internet has complicated the issue of free speech, especially when it comes to blasphemy and offending religious sensitivities in other countries. The example of the 2012 video "The Innocence of Muslims" illustrates this, as it caused widespread protests and violence despite being protected by free speech in the US. The history of blasphemy laws in the US, with the last conviction in 1928, highlights the evolving nature of this issue. Garrett Epps' op-ed in The Atlantic emphasizes that free speech isn't truly free, as both repressing and allowing speech have costs. Therefore, it's crucial to consider both sides of the ledger when evaluating the impact of free speech in a global context.

    • The Costs and Benefits of Freedom of SpeechFreedom of speech, including hate speech, is essential for the exchange of ideas and societal progress, but it can also cause harm. Allowing public refutation of hate speech can lead to progress and the debunking of harmful beliefs.

      While freedom of speech is important, it comes with consequences. Hate speech, in particular, can cause significant emotional and physical harm. However, suppressing such speech may not be the solution, as it can allow harmful ideologies to fester under the surface. Instead, allowing hate speech to be publicly refuted can lead to progress and the refutation of harmful beliefs. A notable example is the advancement of gay rights in America, which was facilitated by the public debate and refutation of hate speech against the LGBTQ+ community. Overall, the freedom of speech, including hate speech, is crucial for the exchange of ideas and the progression of society, even if it comes with costs.

    • A listener's suggestion leads to an entertaining discussionListeners' input can spark intriguing conversations and the essentiality of breathing was debated in this episode

      A listener named Catherine Mary Stewart reached out to the podcast after discovering them through their shout-out on Facebook. She expressed interest in appearing on the show and even suggested acting out a scene from "Weekend at Bernie's." Although the hosts initially offered her a guest list for her family, they later decided against having her on stage. The listener mail segment of the podcast featured a hypothetical question about which human necessity one would be willing to forgo. The hosts discussed the pros and cons of not eating or sleeping, ultimately deciding that breathing is the most essential need. The listener, Andrew, argued for not eating due to the time and money saved, but the hosts disagreed, stating that the pleasure and necessity of sleep outweigh the benefits of not eating. Overall, the episode showcases the hosts' engaging and humorous discussions on various topics, as well as their interaction with their dedicated listener base.

    • Exploring Safe Spaces for Kids and Exceptional Services for AdultsZigazoo provides a safe platform for kids to express creativity and connect with peers, while Discover ensures customer satisfaction with excellent service and fraud protection. Orlando offers professional opportunities and Michelin-starred restaurants for business travelers.

      There are platforms designed specifically for kids to express their creativity and connect with peers in a safe and moderated environment, like Zigazoo. Meanwhile, Discover offers financial services ensuring customers feel valued with access to excellent customer service and fraud protection. Additionally, Orlando is an ideal destination for business travel, offering a perfect blend of professional opportunities and entertainment, with numerous Michelin-starred restaurants to unwind after a long day. From the podcast, 500 Greatest Songs, Britney Spannos and Rob Sheffield discuss the significance and greatness of influential and iconic songs. Zigazoo, an app where kids can post and share moderated videos, stands out as a social network where parents can allow their children to engage safely. Discover, a credit card company, emphasizes its commitment to making everyone feel special by providing excellent customer service and fraud protection. Orlando, Florida, is a popular destination for business travel, offering various opportunities for conferences and meetings, and a vibrant dining scene with Michelin-starred restaurants to explore after a long day.

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