The megaphone guy is disrupting all other speech within at least 50 feet.
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http://www.duhaime.org/LegalDictionary/H/HecklersVeto.aspx
Heckler’s Veto Definition:
(USA) A controversial legal position taken by law enforcement officers based on an alleged right to restrict freedom of speech where such expression may create disorder or provoke violence.
In Roe v Crawford, Justice Riley wrote:
"The heckler’s veto involves situations in which the government attempts to ban protected speech because it might provoke a violent response. In such situations, the mere possibility of a violent reaction to protected speech is simply not a constitutional basis on which to restrict the right to speak
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This is why legal students are discouraged from relying on legal dictionaries, as they do not provide a full statement of the law.
According to a recent decision from the Sixth Circuit a heckler’s veto can arise under 2 possible circumstances: (1) police removal when a peaceful speaker is confronted by a hostile crowd, or (2) when crowd hostile to the message tries to shut down or disrupt the speaker.
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Thank goodness no one was disrupting the man’s speech. Someone was just playing the bagpipes near him.
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Megaphones are allowed under the law. See Saia v NY, 334 US 558 (1948). If the preacher was disrupting any other speakers (the video does not show any such speakers), then the other speakers had a recourse by proper means. People having casual conversations are not considered speakers in this context.
When you have Wesboro Church picketing and people show up to protest them, would that be considered heckler’s veto under definition 2?
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Awesome. Would have been even better if she detuned her drones. I like bagpipes, but out-of-tune drones sound pretty awful.
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Exactly!
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I miss the days when megaphones were for crooning.
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When are the camera apps in phones going to get smart enough to detect this and check with the person before recording:
Phone: Are you sure you want to record a video in portrait mode?
User: Presses YES
Phone: Really?
User: Presses YES
Phone: Well, Ok. I guess. But it’s going to come out terrible unless you are recording a video of a racoon climbing a palm tree or a zookeeper scratching a giraffe’s belly.
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I think you’re confused as to what freedom of speech entails. You have the right to speak in a public place, but you can’t control the speech of others. Your right to speak ends where theirs begins. So people can speak at the same time as you. People can put in ear plugs and not listen to you. People can speak a foreign language you can’t understand. They can swear at you. You don’t get to control their ears or their voices. People can exercise their freedom of speech by heckling you as long as you’re in a public place with no rules restricting that.
The auditorium comment was specifically in reference to the desire to be able to speak without interruption or competition, because that isn’t a guarantee of the 1st Amendment.
Um, yes, you most definitely are. Not being able to do so would be restricting the free speech of others. There’s no Robert’s Rules of Order required for the 1st Amendment. You can definitely interrupt, speak over, and heckle anyone, up to the point that you break a law.
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The real question:
Real bagpipe and pure lung power
OR
Well concealed electric?
Not that I mind either way. I would just find it funny that the analog can still beat an electric megaphone. So here’s hoping for good old fashioned lung power… = : )
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use the library, for one.
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Being heard without interruption, that’s a thing?
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The private university library where I work used to have turnstiles restricting access but as a government document repository was, and still is, supposed to be open to the public. And it was but you had to know to ask.
I’m happy to say they removed the turnstiles.
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You should either retake it or ask for your money back.
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While I’m capturing video of wildlife (which, note, doesn’t always sit still for very long), I’d better not ever experience this.
I think most folk who dislike portrait video just don’t want them to upload it anywhere else. But most of the video I shoot is for my reference, not directly for the public.
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