DisneyCane
Well-Known Member
First of all, to even be considered to for the speech to be restricted, it has to be "false" to begin with. I'm not up to speed with what talking heads may be saying because I don't watch political TV or any news. However, if they are saying that there are nanobots in the vaccine, that would be false. If they are saying the vaccines aren't fully approved or some number of people died after being vaccinated they aren't making false statements.
Second, to be allowed to be restricted, the Supreme Court has relied on both the "bad tendency test" and the "clear and present danger" test. Nothing about vaccines could fail the "bad tendency test" because there is no illegal activity for the speech to incite or cause.
On "clear and present danger" I doubt that a case could be made that by making statements which are "anti-vaccine" the statements will bring about the substantive evils that the United States Congress has a right to prevent. You'd have a hard time making a case that involuntary catching and unknowingly spreading an infectious disease constitutes a "substantive evil."
Second, to be allowed to be restricted, the Supreme Court has relied on both the "bad tendency test" and the "clear and present danger" test. Nothing about vaccines could fail the "bad tendency test" because there is no illegal activity for the speech to incite or cause.
On "clear and present danger" I doubt that a case could be made that by making statements which are "anti-vaccine" the statements will bring about the substantive evils that the United States Congress has a right to prevent. You'd have a hard time making a case that involuntary catching and unknowingly spreading an infectious disease constitutes a "substantive evil."
Last edited by a moderator: