logoalt Hacker News

charcircuittoday at 12:37 AM3 repliesview on HN

The 1A does not have an exception for harm.


Replies

lokartoday at 1:00 AM

Not true. Generally the law must be evaluated by the “strict scrutiny“ standard.

show 1 reply
fc417fc802today at 12:41 AM

And yet SCOTUS has carved out a number of exceptions where they felt it was clearly necessary. Disorderly conduct and noise ordinances are examples. It's not the end of the world but (very approximately) being woken up by someone shouting in the street at 2 am was deemed a larger problem than restricting your individual right to drunkenly shout at your friend in that scenario.

show 1 reply
rcxdudetoday at 9:56 AM

If that were the case than libel and slander would be legal.