Here is a real life exercise in “Free Speech” for all those who have written me claiming that they have the right to “Free Speech” on Facebook and in the private realm. Those who claim the right to absolute protection in the private realm from the “thought police“. It is a simple experiment. You will only need a stop watch and a toothbrush.
PART 1 OF EXPERIMENT:
Sometime this coming week, walk into your local Walmart. Stand in the middle of the store. Start yelling profanities, ethnic slurs, racial slurs, that the Holocaust never occurred, etc. Please have the stop watch with you. Start it when you start yelling. Keep it going while you are yelling. We can time how long it takes a Walmart manager to ask you to leave and never come back.
PART 2 OF EXPERIMENT:
Once they ask you to leave stop the watch. Refuse to leave. Tell them you have a 1st Amendment right to “Free Speech”. Tell them you also have the right to “Free Speech” in the private realm including Walmart regardless of the 1st Amendment. Start the watch again. Start yelling ethnic slurs, racial slurs etc all over again. We can then time how long it takes you to be arrested and hauled off to jail.
PART 3 OF EXPERIMENT:
Bring a tape recorder to court. Record the laughter in the courtroom while you put forth your defense that there is no right to censor speech in the private sector. You were exercising your right of “Free Speech” in the private realm. Walmart is acting as the “thought police”
Good luck and let me know how it goes… Be sure to bring your toothbrush to court in case your bail is revoked after conviction.
June 6th, 2009 at 6:25 pm
I just tried it…it didn't work. I yelled "Walmart and the Joos were behind 9/11"! They didn't like that.
June 6th, 2009 at 6:52 pm
It sounds like you're confusing free speech and disturbing the peace
June 6th, 2009 at 6:54 pm
Looks like people don't comment too much. Must be your… how did you put it? Right to exercise your own will over anyone who disagrees with you on your blog? I won't argue that you do have that right. Good way to get people to think openly. Reminds me of Hitler. I'd write the entire article to rebut this but would you publish it or would I be wasting time like the last 5 or 6 comments I made which all made alarming sense?
June 6th, 2009 at 7:08 pm
I dont think I am. First off, as an attorney, I am not sure a "disturbing the peace" type statute applies in private establishments. They generally apply in "public places" so I don't think you could be arrested for disturbing the peace for yelling those things In Walmart. Maybe an attorney can correct me if I am wrong.
I believe you would be arrested for trespassing after Walmart asked you to leave an you refused.
In any event, it is Walmart's completely discretionary decision in either case as to wther you are either "disturbing the peace" or trespassing. They could choose to continue to let you yell. Just as it is FB's discretionary decision within the bounds of their TOS who to evict and let stay.
June 6th, 2009 at 7:10 pm
Matt. I don't recall "not posting" any comment of yours. At least none of shown up in my mailbox for moderation. This is the only one I have seen recently. I would not post an article rebutting this. I do not do guests posts. If you have a blog post it there.
June 6th, 2009 at 7:45 pm
I would love to see your article rebutting this. I need a good laugh right now. Are you even an attorney Matt?
June 6th, 2009 at 11:40 pm
The only thing we know about Matt is that he loves Hitler analogies and pink underwear.
June 7th, 2009 at 10:06 pm
This is funny cause I have seen drunk ppl do that plenty of times and then told to leave and they act crazier and say more things and then the police come and I had a good laugh. But Brian can i call ur law firm when I try these cause im need a laywer