Can the government throw you in jail for offering advice

24 Feb 2013 08:26 #31 by Rick

archer wrote:

Rick wrote: I see how this works now. It's OK to give advice about what one should eat if you are a doctor, nutritionist, or if you are a big greedy corporation:

https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcQ1UsxT1b-CX9Mp4Bqu6Qr89zV1Hm-1Cq9a21p52HlaM-gNvNBW

Someone's argument just collapsed.

Gee Rick, you must be so proud of that silly post.

Why is it silly? This is a corporation recommending what people should eat with a massive billboard that millions will see. Isn't this relevant to the topic?

The left is angry because they are now being judged by the content of their character and not by the color of their skin.

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24 Feb 2013 08:29 #32 by Something the Dog Said

on that note wrote: I am not sure why a mother giving medical advice in private would be different than a person telling another person in private what they think they should do to be healthy. I still do not think it is moral to license people, but if you accept it, as long as they don't claim to be a doctor. If you had to get all your legal advice from lawyers and medical advice from doctors, we would all be screwed.

Here is the part of the constitution that describes the governments rights to regulate what people say.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

By law, the federal govt via the constitution, cannot limit what people can say, there are no exceptions. This does not mean it plays out this way, but it is the law.

States and local authorities can do so, but not if they have similar provisions. This does not stop them from making fake laws and enforcing them, like so many that we have, but it does not make it legal.

In Archer's world, what is to stop authorities from making every profession licensed and restricting any or all speech.

Another question about free speech for Archer, could you define free speech, because my understanding from your definitions is that all speech is subject to govt approval.

And how does the govt get away with publishing the food pyramid?

Dog, the answer is no, the people of NC can be free to decide what advice they take, but they should not encroach on the liberty of others to both give and recieve bad advice. In order to get the entitlement that some people want, they need to eliminate a liberty. And where is the cost benefit analysis. People should NOT be able to vote away any freedom, that is not the system. We put freedom of speech in place to avoid this discussion. The people should not be able to quiet an individual simply by voting it that way. Voting is not the end all and not applicable to liberties, like free speech, or at a minimum should have a higher threshold to limit speech, like say 95% in stead of 51%.

Of course the government may restrict speech under the 1st Amendment. For example, as set forth by Justice Holmes in the Schenk case, where the speech creates a clear and present danger, the government may restrict.
"The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."

Or where the speech advocates imminent lawless action as described in the Brandeburg case.

Or where the speech infringes the legal rights of others, as per copyright law.

Or where the speech is slander or libel.

Or where the speech involves obscenities or pornography.

Or where the speech involves commercial activity (advertising).

"Remember to always be yourself. Unless you can be batman. Then always be batman." Unknown

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24 Feb 2013 09:46 #33 by archer

Rick wrote:

archer wrote:

Rick wrote: I see how this works now. It's OK to give advice about what one should eat if you are a doctor, nutritionist, or if you are a big greedy corporation:

https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcQ1UsxT1b-CX9Mp4Bqu6Qr89zV1Hm-1Cq9a21p52HlaM-gNvNBW

Someone's argument just collapsed.

Gee Rick, you must be so proud of that silly post.

Why is it silly? This is a corporation recommending what people should eat with a massive billboard that millions will see. Isn't this relevant to the topic?

No...it is not relevant to the topic, it's an advertisement, not advice.

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25 Feb 2013 09:49 #34 by Rick

archer wrote:

Rick wrote:

archer wrote:

Rick wrote: I see how this works now. It's OK to give advice about what one should eat if you are a doctor, nutritionist, or if you are a big greedy corporation:

https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcQ1UsxT1b-CX9Mp4Bqu6Qr89zV1Hm-1Cq9a21p52HlaM-gNvNBW

Someone's argument just collapsed.

Gee Rick, you must be so proud of that silly post.

Why is it silly? This is a corporation recommending what people should eat with a massive billboard that millions will see. Isn't this relevant to the topic?

No...it is not relevant to the topic, it's an advertisement, not advice.

Advertising often advises people to do or buy something. FACT

The left is angry because they are now being judged by the content of their character and not by the color of their skin.

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25 Feb 2013 09:57 #35 by archer

Rick wrote:

archer wrote:

Rick wrote:

archer wrote:

Rick wrote: I see how this works now. It's OK to give advice about what one should eat if you are a doctor, nutritionist, or if you are a big greedy corporation:

https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcQ1UsxT1b-CX9Mp4Bqu6Qr89zV1Hm-1Cq9a21p52HlaM-gNvNBW

Someone's argument just collapsed.

Gee Rick, you must be so proud of that silly post.

Why is it silly? This is a corporation recommending what people should eat with a massive billboard that millions will see. Isn't this relevant to the topic?

No...it is not relevant to the topic, it's an advertisement, not advice.

Advertising often advises people to do or buy something. FACT


advertising is just that, advertising......not advice. But have it your way.

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25 Feb 2013 10:30 #36 by Blazer Bob

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25 Feb 2013 10:45 #37 by archer
Look...if you want to believe everything an advertiser tells you, and get your information from that source, fine. But most people know there is a difference between an advertisement for a product and expert advice from a professional. I guess I failed to take into account those who DO actually believe all the ads. Though even advertisements are regulated...legally they cannot make false claims.

So tell me Bob, Is all this effort worthwhile just to prove me wrong on some obscure level. I have posted my opinion, and the conservatives here have twisted themselves into pretzels to make me wrong....again, the conservatives idea of civility, badger a liberal incessantly until they leave. You win.

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25 Feb 2013 11:08 #38 by Blazer Bob

archer wrote: Look...if you want to believe everything an advertiser tells you, and get your information from that source, fine. But most people know there is a difference between an advertisement for a product and expert advice from a professional. I guess I failed to take into account those who DO actually believe all the ads. Though even advertisements are regulated...legally they cannot make false claims.

So tell me Bob, Is all this effort worthwhile just to prove me wrong on some obscure level. I have posted my opinion, and the conservatives here have twisted themselves into pretzels to make me wrong....again, the conservatives idea of civility, badger a liberal incessantly until they leave. You win.



I was trying to open your eyes. I lost.

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25 Feb 2013 12:18 #39 by MellowYellow

archer wrote: So tell me Bob, Is all this effort worthwhile just to prove me wrong on some obscure level. I have posted my opinion, and the conservatives here have twisted themselves into pretzels to make me wrong....again, the conservatives idea of civility, badger a liberal incessantly until they leave. You win.


:sarcasm: Do you REALLY believe this is a "battle" between liberals and conservatives? IMO, everyone has one! I think you're getting your feathers rattled 'cause it appears that only the conservatives have put their two cents worth in......

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25 Feb 2013 16:22 #40 by Rick

archer wrote: Look...if you want to believe everything an advertiser tells you, and get your information from that source, fine. But most people know there is a difference between an advertisement for a product and expert advice from a professional. I guess I failed to take into account those who DO actually believe all the ads. Though even advertisements are regulated...legally they cannot make false claims.

So tell me Bob, Is all this effort worthwhile just to prove me wrong on some obscure level. I have posted my opinion, and the conservatives here have twisted themselves into pretzels to make me wrong....again, the conservatives idea of civility, badger a liberal incessantly until they leave. You win.

Wow, so giving an opinion that refutes yours is now badgering? What is debate then? Nobody called you names or told you to leave... I think you're being overly sensitive but that's just my opinion as well.

The left is angry because they are now being judged by the content of their character and not by the color of their skin.

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