Question:

How is this Freedom of speech?

by Guest21558  |  earlier

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A client talks to you about a problem he is having with his neighber. He wants to put up a sign in his front years that lists his grievances against the neighbor. You discuss the Constitution and his right to freedom of speech, and he decides to put up the sign. Were your actions ethical?

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  1. If you were educated in your discussion of our freedom and responsibilities thereunto attached you behaved ethically.


  2. It is freedom of speech that person has the right to say what he wants and if he wants to put a sign up in his front yard he can.  Even if it makes him look like an idiot who can't grow up because he is keeping a grudge against his neighbor.  

  3. You discussed  the First Amendment with your client. Then HE made HIS choice.

    It's legal as long as it isn't libel on your client's behalf - in which case, your client will have an even bigger problem on his hands.

  4. If the sign lists garbage disputes plus noise disturbances it may be all right if there is a policy to have such signs in general on the street.

    The City can also put up signs on lamp posts with requests for example that people keep the noise down say for example if the neighbours have been drinking or playing their stereo at high volumes.

    If this does not work then a court order to disable the music device can be obtained. Again if not suffecient it can be confiscated.  

  5. He can do it. There is NOTHING that violates freedom of speech.

    However the result of his sign being put up is there, and "Freedom of speech" has nothing to do with it.

  6. no that is against the law to personally attack someone and constituetes harassment and demeanor

  7. Did you explain that if their were any falsehoods, he could be sued for various things like defamation?

  8. You can write anything you want as long as it is not against moral, law and piblic order.

  9. All's fair in love in war.

    Well, in this case, it's not love.

    However, the client has the right to post the sign.

    As you said, it's freedom of speech.

    There's nothing against it.

    The neighbor might be extremely angry...

    But then he wouldn't be following the Constitution, now would he?

  10. Your actions are both ethical and legal, because you did your job and satisfied your duty as an attorney.  If at any point the words "put the sign up" or anything of that sort passed your lips, it's a different story, because you would have suborned possible libel.

    Your client's actions are neither ethical nor legal.  Ethical is obvious, though as a private citizen unethical behavior is not actionable, so that's just an academic point.  The legal problem would be a potential libel suit, since he put derogatory things about his neightbor in writing and "published" it.  If there was something alleged that is not true, was known not to be true, was said with malicious intent (obviously), and caused harm (which should be obvious in a punitive damages sense, if not in a material damages sense), then the client is at fault and must pay.

    Of course, the overriding issue is escalation of the bad blood between neighbors.  Someone needs to take the high road before criminal behavior starts.  That's what you should have advised the client...not given a constitutional law lesson.

  11. As long as it isn't libel, it's perfectly legal.

  12. You did nothing wrong. His own actions are not your fault.

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