“We have now learned from submissions and affidavits presented by the United States to this court that they do not consider foreign nationals to have a First Amendment protection,” – WikiLeaks editor-in-chief Kristinn Hrafnsson
The text of the First Amendment is:
“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.”
It seems that the US Constitution prohibits Congress from making any law abridging the freedom of speech, or of the press. Period.
Also, if the crime was not committed within US jurisdiction, then shouldn’t the country in which the crime was committed be prosecuting the case in line with its own laws? The US can bully countries to have “don’t hack the USA” laws. Those countries don’t have a First Amendment. However, can an act committed in another country lead to the US government prosecuting someone for journalistic speech?
This is just straight-up abuse. Still, philosophically, there’s a question about what kind of government the US government actually is.
Do the people possess rights, then create government by conceding some rights away? Or does the government possess ultimate authority and concede rights to the people? 18th and 19th century Americans sometimes thought the former interpretation was too strong. They felt that no rights were conceded, and that the government could only be justified when it protected and respected the rights people possess simply by being people.
Yet, the full-spectrum-dominance, federal-supremacist, New Deal American State has ultimate authority and only though its prudence, wisdom, and mercy does it grant its subjects any rights whatsoever.
Hah! The Second Amendment is nothing but a wink by the red staters acknowledging that even though the federals play-act supreme, they do so at the pleasure of the still-rights-possessing people. Yet, when that “wink” and “nod” are the only thing left of genuine rights, then what’s the point?
Following me folks?