using a megaphone....while minorities (and non minorities ) walk by?
on what basis can he be arrested?
Does he have constitutional right to do so?
2007-12-05 11:10:11 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Hate speech is allowed. Not sure about the megaphone part, but haven't you seen on the news when the KKK has their little march and there are about 200 police officers protecting them from getting pummeled by a mob of angry people? Free speech.
They just can't incite riot, violence, or harm to others. But, they are allowed to spew their hate.
2007-12-05 11:18:53 · answer #1 · answered by 2007_Shelby_GT500 7 · 1⤊ 0⤋
The megaphone may go against a noise ordinance. If that white man want s to hurl hate speech in the town square he can. He may get arrested for being a public nuisance. You have to read in between the lines on some of the amendments. The Freedom of Speech amendment's unwritten part is, "Just watch what you say."
2007-12-05 11:31:54 · answer #2 · answered by Solomon Grundy 7 · 0⤊ 0⤋
Hate speech is still speech. Just because you don't like what he is saying, no he can't be arrested, unless he is breaking some other law. Thats the point of "free" speech. you can't censor someone for voicing their views, simply because you disagree with them.
The supreme court has rulled several times on cases like his. Some of the famous ones where Nazis who wanted to march on a midwest town that was very jewish and another was a white suprmiscist who wanted to speak in NY. In all cases the courts ruled they couldn't be stopped. Their speech is just as protected as anyone elses, even if most people don't agree with him. Short of breaking a law like a noise ordinance, not much can be done.
The best bet is to IGNORE him. he WANTS attention. By harassing him or arresting him, you legitamize him and give him a legal forum to spew his filth.
2007-12-05 11:19:22 · answer #3 · answered by Anonymous · 2⤊ 0⤋
He does not have a constitutional right to use a megaphone. The town could pass a law against their use and arrest him for that.
2007-12-05 11:14:16 · answer #4 · answered by davidmi711 7 · 3⤊ 0⤋
Freedom of speech is not absolute. It sounds like a good way to get arrested for disturbing the peace or beat up depending on who gets to you first.
Only lawyers can give legal advise. I am not a lawyer.
2007-12-05 11:18:53 · answer #5 · answered by Citizen1984 6 · 0⤊ 0⤋
Sure, crackheads do it all the time. Not that I'm calling you a crackhead, but here in L.A. we have plenty of crackheads around from every race, and they love to stand on corners shouting obsenities at people. I don't really see a difference.
2007-12-05 11:17:51 · answer #6 · answered by Beardog 7 · 0⤊ 0⤋
The only possible grounds for arrest are disturbing the peace, or (if he stirs up the crowd) inciting a riot.
2007-12-05 11:15:05 · answer #7 · answered by Anonymous · 4⤊ 0⤋
disturbing the peace, instigating public unrest and if he swears, verbal abuse of civilians, not to mention what is being said; racist comments and calling the president profane names is, as far as i know, illegal in most states; threats to specific groups of people in the government can be ruled as conspiracy to commit a crime and threatenng the president in any way can get you arrested, depending on the state.
2007-12-05 11:18:32 · answer #8 · answered by menno2 1 · 0⤊ 0⤋
No. You have to be black or female to get away with that.
BTW: to the guy who said that anyone who "halts your happiness" should be arrested - if people like you are going to run the world soon, as seems likely, then I'm glad I will eventually die.
2007-12-05 11:19:21 · answer #9 · answered by Anonymous · 1⤊ 2⤋
He has the constitutional right to do so.....however....if it starts a riot he can arrested for inciting it
2007-12-05 11:22:53 · answer #10 · answered by Anonymous · 2⤊ 0⤋