GoofGoof
Premium Member
Yes, outside in public is protected as much as that is offensive to the vast majority of people. The KKK can have a march down the street and say a lot of vile stuff and that’s protected too. However, a restaurant or a bar or a theme park or any private business can absolutely remove the same people for violating their policy on speech that isn’t tolerated by their rules. Disney even restricts what your t-shirt says. The same goes for an online forum like this. You have to follow the terms or you can be removed. That’s not a violation of Freedom of Speech.I kind of hesitate to post this decision from yesterday, but: No, you have to yell that kind of stuff outside the Temple on a public sidewalk:
Gerber v. Herskovitz, decided yesterday by the U.S. Court of Appeals for the Sixth Circuit,
And, sadly, it's a correct decision. Remember the loathsome, wacko church that used anti-gay protests at American soldiers' funerals? They, too, have the right to protest across the street. Snyder v. Phelps, 562 U.S. 443 (2011).
"Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro [Church] from tort liability for its picketing in this case."
Snyder, 562 U.S. at 460–61.
Keep that in mind when people say that "hate speech," whatever that means, is not protected by the First Amendment. There are a few small categories of speech that is exempted by the First Amendment, but disliking what is said is not grounds to government telling people what they can hear or say. But, and this is relevant to TWDC, as @GoofGoof pointed out, the First Amendment only prohibits GOVERNMENT limits on speech; it does not provide the right to speak on private property (except for a few situations, generally where the property owner has established a zone where speech can be free).