this post was submitted on 20 Nov 2024
142 points (86.6% liked)

Games

32638 readers
1365 users here now

Welcome to the largest gaming community on Lemmy! Discussion for all kinds of games. Video games, tabletop games, card games etc.

Weekly Threads:

What Are You Playing?

The Weekly Discussion Topic

Rules:

  1. Submissions have to be related to games

  2. No bigotry or harassment, be civil

  3. No excessive self-promotion

  4. Stay on-topic; no memes, funny videos, giveaways, reposts, or low-effort posts

  5. Mark Spoilers and NSFW

  6. No linking to piracy

More information about the community rules can be found here.

founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 7 points 1 day ago* (last edited 1 day ago) (1 children)

@[email protected] speaks unclearly when saying “public space”—the term they are thinking of is usually “public forum.” source

The rules around what constitutes a true public forum and what the public forum doctrine even means are fuzzy, but in all cases the term refers to a space owned or created by the government.

Thus, a shopping mall, parking lot, or internet forum, being owned by a private company, is not a public forum and can’t really be defended on the basis of the public forum doctrine.

Finally, as @[email protected] points out, none of this matters anyway in cases of incitement to imminent lawless action like threats or terrorist speech, which the First Amendment does not protect.

[–] Kecessa 3 points 1 day ago (1 children)

See the US section, the use of the term "public space" in this conversation is acceptable as the term "public" is used in opposition to privately owned and not public in the sense that it's open to the public like a mall is.

.https://en.m.wikipedia.org/wiki/Public_space

The government cannot usually limit one's speech beyond what is reasonable in a public space, which is considered to be a public forum (that is, screaming epithets at passers-by can be stopped; proselytizing one's religion probably cannot).

[–] [email protected] 2 points 1 day ago

that’s fair, i’ll edit to say speaks unclearly rather than misspeaks. thanks for the clarification :)