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Or just, how it protect me in the personal level/when someone makes allegation and threat by Email-us mail.or one on one!
It just a question not a personal fact! Thanks,

2006-11-12 16:09:32 · 5 answers · asked by PATY.P 2 in Politics & Government Civic Participation

5 answers

The only way Constitutional laws apply to your case is in theory, by the spirit of natural laws contained in the First Amendment, if you equate the situation you are in with a form of "due process" or "petitioning" to redress grievances and to establish justice.

This same First Amendment that proclaims the freedom of speech, or of the press (written or spoken communication) also protects the right of the people "peaceably" to assemble and to petition for redress of grievances. So any abuse of freedom of speech, press or religion to cause disruption or "breach of the peace" actually violates the same set of laws that naturally check and balance each other when considered together in context.

This inherent balance between First Amendment rights can be seen in Oliver Wendell Holmes' famous example, that you cannot abuse freedom of speech to the point of yelling fire in a crowded theatre. My point is that since this would cause an undue disturbance or breach of the peace, it abridges the right of the people "peaceably" to assembly in the theatre, and thus violates the very same law used to invoke free speech.

Today, more specific legislation has been written concerning hate
crimes and harassment, which also concern this same natural check on personal freedoms.

Only if both parties in a dialogue agree to abide by the same rules and respect the peace while they "petition" each other, can these Constitutional laws be used to protect you from invasion or infringement of your equal right to peace and freedom and protection. If the other party does not seem to respect your rights equally, you can peacefully "petition" to do so by addressing them directly as a peer to correct the problem between you as amicably as possible, and advising them that failure to resolve this civilly will force you to report this to authorities as a criminal threat issued over the internet. If the person has published false or damaging statements about you, to do so in spoken word is slander and to do so in written word is libel; and both are unlawful and are grounds for lawsuit. However, given the expense of a lawsuit, I would rather pursue mediation instead. It tends to resolve the issue more effectively, without the high cost or risk of legal action, and restores the dignity to both parties.

If this person has any respect for the very same Constitutional laws by which we invoke freedom of speech and press to communicate, he or she should be compelled to answer your petition as long as you are equally answering their grievances. Indeed, since the First Amendment reflects natural laws that govern all human nature, I have found most people do respond favorably when asked to help correct a grievance peacefully out of respect for the very laws that they enjoy exercising so freely.

Both sides would have to agree to stop the threatening behavior and to restore civil communications; or the resulting breach or disruption of the peace is, itself, infringing on the rights and freedom of both parties to petition each other peacefully, through spoken or written word, as equally respectful human beings.

2006-11-13 05:17:31 · answer #1 · answered by emilynghiem 5 · 0 1

The Constitution provides that a person must have privacy and peace. Thus, threats are violations of the constitutions because these are intrusions into a person's private life.

2006-11-13 16:25:43 · answer #2 · answered by FRAGINAL, JTM 7 · 0 0

Ethically, you should be respectful of others so that the exchange of ideas is enjoyed and useful.

Over the internet, you can cite your Constitutional Right to freedom of speech-- but look it up and read it so that you can cite the language correctly

People have the right not to be harrassed, so if you are harrassing people-- STOP.

If someone is threatening you with violence, they have gone too far and you can tell them they will be reported.

If conversations via the internet are too abusive, you should politely announce your departure and move on. Permanently!

2006-11-12 17:28:43 · answer #3 · answered by HawkEye 5 · 0 0

That's not really protection provided by the US Constitution. Rather, your state's criminal law and common law probably protect against that kind of harassment. What state are you in? If it seems very serious and urgent, go ahead and call your local police.

2006-11-12 16:18:03 · answer #4 · answered by ralph w 4 · 0 0

The Constitution doesn't protect you from other people. It is supposed to protect you from excesses of federal government.

It can't do that if you don't read it. It isn't going to enforce itself.

2006-11-13 02:20:19 · answer #5 · answered by open4one 7 · 0 0

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