009: The First Amendment is Dead; Long Live the First Amendment


Paul thinks the First Amendment is dead. Well, whoo-hoo-hoo, look who knows so much. It just so happens that the First Amendment is only mostly dead. There’s a big difference between mostly dead and all dead. Mostly dead is slightly alive. Wayne makes a case to prove there’s still breath left in the Best Amendment. The guys wrap up the episode with a little quiz about First Amendment related court cases.

Direct Link to Audio: https://audioboom.com/posts/6673480-the-first-amendment-is-dead-long-live-the-first-amendment.mp3

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ChitChat (01:20)

Paul deals with a bittersweet change in his living arrangement, and Wayne adjusts to roller skating in Korea and life with Religious Trauma Syndrom (RTS).

Relatively Recent News (09:56)

The First Amendment (14:37)

A public announcement brought to you by LingoBeast LLC.

Paul’s Meme (15:41)

You keep saying first amendment. I do no think it means what you think it means.

Inigo Montoya from The Princess Bride, saying, "You keep saying First Amendment. I do not think it means what you think it means."






A Washington Post poll from the 230th Anniversary of the Constitution last year revealed almost 40% of Americans don’t know any of the rights listed in the First Amendment and almost half don’t know the First Amendment annotates our right to free speech!

They’re either actively or passively killing some of our most powerful rights in the form of outright attacks on free speech and attacks on the wall between church and state.

Freedom of speech, unless I don’t agree.

Success Kid, saying, "Freedom of speech, unless I don't agree." 

SCOTUS decided in 1919 that the only speech that is illegal is speech that passes the “clear and present danger test”.

They later clarified in 1969 that states can only restrict speech that “is directed to inciting or producing imminent lawless action, and is likely to incite or produce such action.”

In 1943, the Supreme Court ruled that school kids couldn’t be forced to participate in the pledge of allegiance.

“…Freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.

“NO OFFICIAL, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.”

If you want to anger yourself at someone’s speech, fine, be angry. But, unless it passes the established tests for unprotected speech, you’re a fucking hypocrite if you try to silence them for being “unpatriotic”!

There also seems to be a lot of gas-lighting going on.

Oh, you’re going for a hat trick!

“If I can’t speak my mind, this isn’t America anymore.”

Phil Robertson from Duck Dynasty, saying, "If I can't speak my mind, this isn't America anymore."

Phil Robertson can go fuck himself with his own scraggly-ass beard. 

I don’t know know if a rich old white man can be ratchet.

The board of A&E is NOT Congress, and they didn’t make a law abridging your freedom of speech.  You should have done your fucking job, just like Kim Davis should have done her fucking job!

The more dangerous threats are the Religious Freedom Restoration Act, or RFRA, and the laws much like it that have been enacted in 21 states now: Alabama, Arizona, Arkansas, Connecticut, Florida, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, and Texas.

These laws amount to religious privilege and these zealous hypocrites fucking know it.

 I did notice that a good chunk of the States you named are from the predominantly South.

Idaho has seen an influx of parents moving to the state due to its religious privilege so that they can choose to not take care of their kids and let them die rather than get them medical attention.

The First Amendment is Dead!

Wayne’s Meme (24:55)

Does my talking offend you? Tell me more about the First Amendment.

Dwight from The Office, saying, "Does my talking offend you? Tell me more about the First Amendment."


The First Amendment is still functioning.  As a matter of fact, there has been some pretty good progress in recent times.

Example One

Trinity Lutheran runs a private school with a playground in Missouri, and the state excluded the school from a program providing grants to resurface playgrounds with rubberized surface material.

The discussion should have been about whether an institution of indoctrination like Trinity Lutheran’s school should even be considered an educational institution.

Missouri discriminated against the school and infringed on the school’s religious freedom by not giving a grant.

What’s great about this case is that it is just another piece on the set of the stage where the theocrats will either see ultimate victory or ultimate defeat.

Example Two

SCOTUS awarded quite a few victories to student free speech on college campuses.

This strikes quite a blow to a lingering problem with academic institutions from all over the political spectrum attempting to hush dissenting ideas emanating from the student body or coming from guest speakers and professors.

SCOTUS decided unanimously in Matal v. Tam that so-called hate speech is protected by the First Amendment.

“Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’.”

In the case Packingham v. North Carolina, in another unanimous SCOTUS decision, sex offenders were allowed to continue using social media sites.

I get the feeling, you’re being sarcastic.

Not every sexual offense is the same, and convictions of the ones that are truly predation should carry with them a sentence that would prevent this case from even being a thing!!!

North Carolina, go fuck yourself!

The Marks of Progress

The Supreme Court of the United States comes into 2018 with some potentially landmark cases concerning the First Amendment.

Masterpiece Cakeshop v. Colorado Civil Rights Commission is about a cake shop owner who refused to make a wedding cake for a gay couple.

Justice Kennedy stated “Tolerance is essential in a free society. And tolerance is most meaningful when it is mutual.”

I guess sometimes the adults have to step in to offer guidance.

SCOTUS has already noted in the past that compelled union dues are an anomaly under the First Amendment.

Government can’t force pro-birth centers to distribute the location of abortion clinics.

Long Live the First Amendment!

Special: Can You Guess the Verdict? (34:09)

Paul conducts a hostile takeover of this episode’s special to torture Wayne with questions regarding some Supreme Court cases that pertain to the First Amendment.



Wayne wants to thank North Korea for continually putting the First Amendment into perspective for him.
We also want to thank our audience. Without you, we’d just be two guys Skyping each other, not that there’s anything wrong with that.As always, we want to thank the Blue Tits.

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