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Dwayne B.
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Experience:  Began practicing law in 1992
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If someone makes a comment such as: example (not my oppinion

Customer Question

If someone makes a comment such as: example (not my oppinion I am AGAINST any discrimination!!!) Disgusting Mexican, Disgusting Black Disgusting Jewish Disgusting Muslim Is this considered human righs abuse or freedom of speach, can they be charged and how does person goes about it? Tx Anna


 


INterested in US LAW

Submitted: 2 years ago.
Category: Legal
Expert:  retireddebra replied 2 years ago.
You say you are in interested in US law but this is on the Canada law list.

Should I answer or move it to the US law list?

And in what context is this being said? For example, is it at work?
Customer: replied 2 years ago.

HI,


 


It was stated at the public forum by person that used to work for government -


now how do I change country in just ask>?


I do live in Canada.


 


also, how does canada law looks to this?


 


tx


 


anna

Expert:  retireddebra replied 2 years ago.
Do you want me to answer about Canadian law or I can move this for you.

You cannot get both areas of law answered on the same post.

Thanks
Customer: replied 2 years ago.


If you can move it to US law, that would be ok. Also can individual who is not US citizen complain re abuse on ethinc bases if that is done by US citizen, especially if that person still works for government?


 


Tx


 


as for the payment, I am happy with your prompt response, but if we can move this to US lawyer section, that would be great:)


 

Expert:  retireddebra replied 2 years ago.
I will move it and let another expert know you are waiting.
Expert:  Dwayne B. replied 2 years ago.
Was the person who made those remarks acting in an "official capacity" in any way? If so, what was that capacity?
Customer: replied 2 years ago.


This person was at public forum, signing book, when coment was made


discusting - ethnic minority.


This person used to be gov official and still provides some servicies to government


so these are my questions.


1. Can private citizen use discriminatory speach against other group


2. Are government officials or ex-officials bound to be nondiscriminatory


3. can non US citizen raise complanit for human rights abuse in US court.

Expert:  Dwayne B. replied 2 years ago.
1) As a general rule, yes. That statement would be protected by the First Amendment's freedom of speech guarantee if the person who made it were not acting in an official capacity.

2) They are not allowed to be discriminatory in their actions or speech, but only in the context of their official duties and if it interferes with the freedoms of those they are speaking against.

3) Yes, so long as the actions complained about occurred in the United States or on United States property.

Please ask any follow ups in this thread.

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Dwayne B.
Dwayne B.
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Began practicing law in 1992