CMXXii - i Que Es La Verita
"Christ and Pilatus"
(What is truth?)
Lashon hara
Rule of Faith
Detraction
The truth will set you free
Freedom i$ not free
United States free speech exceptions
Privacy laws of the United States
http://stihi.ru/2024/11/20/8215
…
Открытое письмо ефрейтору Расческину пародия на БГ
http://stihi.ru/2009/06/19/6946
...
Под звуки скрипки одинокой засыпаю
http://stihi.ru/2011/03/16/1315
Под звуки скрипки одинокой засыпаю,
Её мелодия так нежна и тиха...
Так ночь за ночью жизнь моя тает,
Душа исполнена порока и греха...
Звучит мелодия так тягостно и грустно,
Но нет тебя, ты снова вдалеке...
А на душе, томительно и пусто,
Твоё тепло, не ощутить руке...
Когда ты рядом, мир вокруг прекрасен,
Луна и звёзды, кружат хоровод...
Исход всего, загадочен, неясен,
И это длится, уже второй год...
Но будет встреча, радость и объятия,
И засияет счастьем милый лик...
Тайну любви, теперь могу понять я,
В самую суть, я тайны сей проник...
Ты моё счастье, ты моя услада,
И вдохновение, для скрипки и смычка...
И больше в жизни, ничего не надо,
Лишь бы в руке моей, была твоя рука!
...
I fall asleep to the sound of a lonely violin,
Its melody is so soft and silent.
Night after night my life melts away
My soul is filled with vice and sin.
The melody is so heavy and sad,
But you're not there, you're far away again.
And my soul is languid and empty,
I can't feel your warmth in my hand.
When you're around, the world is beautiful
The moon and the stars are round and round.
The outcome is mysterious and uncertain,
And it's been going on for two years.
But there will be a meeting, joy and embrace,
And the sweet face will shine with happiness...
I can understand the mystery of love
I can understand the essence of this mystery.
You're my happiness, you're my pleasure,
You're my inspiration for violin and bow.
There's nothing else I need in life
If I could only have your hand in my hand!
...
CMMXXii - Shadows Work - iiXXMMC
http://stihi.ru/2014/03/08/9919
Тіні можуть говорити, тіні можуть чути,
Ваші найглибші думки, ваш свелливий страх…
Вони приходять і йдуть, вони роблять контакт з очима,
Щоб поглибити свої Мотики, залиште тривалий вплив…
Вони діляться своїми думками, їх життям і їх серця,
Коли один з них зупиняється, інший починається…
Сушка колодязя з ніжним доглядом,
Коли вони знаходяться поруч, міжпопінгова пара…
Вони виглядають як один, заплутані як лози,
Нижче поверхні істинний внутрішній сам ховається…
Вони стежать один за одним, з хрестами, щоб ведмідь,
Щоб розставити їх, це було б несправедливо…
Нехай вони будуть, встановіть їх вільними...серця, щоб мажати вітер,
Ось як це зараз...і як завжди було…
Мало світла дають їм життя, дайте їм надію, візьміть свої страхи,
Боротьба з демонами, лурк настільки поруч…
Саме так вони захоплюють очима,
І тру мовчання, що вони чують…
…
Shadows can talk, shadows can hear,
Your deepest thoughts, your sweltering fear…
They come and go, they make eye contact,
To deepen your woes, leave long lasting impact…
They share their thoughts, their lives and their hearts,
When one of them stops, the other one starts…
Drying the well with tender care,
When they are near, an interloping pair…
They do look like one, entwined as vines,
Below the surface, true inner self hides…
They follow each other, with crosses to bear,
To set them apart, it would be unfair…
Let them be, set them free…their hearts to soar the wind,
That’s how it’s now…and how it’s always been…
Little light give them life, give them hope, take their fears,
Fighting the demons, the lurk is so near…
It’s what they capture with their eyes,
And thru the silence, what they hear…
…
How To Master Shadow Work according to Carl Jung
https://youtu.be/mZEJBROc2GE?si=S-tCYRLl-CZz7u2K
…
Молодая
Слова Ефрем Амирамов
http://stihi.ru/2009/06/05/7502
Я не ною о судьбе, лучшее храня в себе,
И признанием тебе досаждая,
Привыкая к боли ран, я прощу тебе обман,
Ты ж как в песне у цыган, молодая, э-э-эх, молодая
Объяснить, не объяснишь, ты живёшь, как будто спишь,
А в бессонницу грешишь почему-то.
А с тобою рядом кто, и ты надеешься на что,
Ведь в этой жизни всё не то - даже чудо, э-э-эх, даже чудо
Только ль мне тебя учить, как необходимо жить.
С кем не спать, а с кем дружить, всё гадая,
Что такое слово честь, а где-то чушь, а где-то лесть,
Ведь ты права, какая есть, молодая, э-э-эх, молодая
Ничего не говори, не боясь сгореть гори,
Я ж в огне твоей любви пропадая,
Всё в тебе благословлю, счастьем душу отравлю,
Просто я тебя люблю, молодая, э-э-эх, молодая
...... ......
Змеинный Яд
Сергей Полищук
Под впечатлением песни "Молодая"
Не зря люди говорят
Не вкушай змеинный яд
И их осужденья взгляд, Смотрит строго
В сердце плесень я ношу
Часто каюсь и грешу
Лишь о милости прошу , Я у Бога
Ничего не разберёшь
Где здесь правда, где здесь ложь
А мне в спину вошёл нож, Рукой брата
Распознать не в силах я
Где враги, а где друзья
Пред Христом душа моя, Виновата
Мой тернистый путь лежит
Рядом с пропастью во ржи
Сердце боязно дрожит, Замирает
Тяжко бремя на плечах
Слёзы высохли в очах
И души моей свеча, Догорает
Мне назад возврата нет
Среди тьмы не вижу свет
И на свой вопрос ответ, Не найду я
Камнем в бездну упаду
Не найдя свою мечту
И сгорая как в аду, Там умру я!
…
Young
Words by Efrem Amiramov
I'm not a lot of fate, the best keeping in myself,
And confession to you,
Getting used to hurt wounds, I'll forgive you for deception,
You're like a Gypsy song, young, er-Ah, young
Explain, you don't explain, you live as if you sleep,
And in insomnia sin something.
And with you who are, and you hope for what,
It's not even a miracle, er-Ah, even a miracle.
Only lie to me teach you how to live.
Who's not to sleep, and with whom to be friends, all wondering,
What is the word honor, and somewhere nonsense, and somewhere flattery,
You're right, young, er-Ah, young, young.
Don't say anything, not afraid to burn the grief,
I'm in the fire of your love missing,
All in you will bless, happiness soul poison,
I just love you, young, er-Ah, young
...... ......
Snake Poison
Sergei Polischouk
Under the impression of the song "Young"
Not for nothing people say
Don't eat a snake poison
And their condemnation glance, looks strictly
In the heart of the mold I wear
Often I swear and sin
Only about mercy please, I have God
You'll never understand anything.
Where is true where lies here
And my brother's hand came in my back.
I can't recognize.
Where enemies, and where friends
My soul is my Lord, my fault
My thorny way lies
Near the abyss in Rye
Heavy burden on shoulders
Tears dried in the eyes
And my candle's souls, burn
I don't return back
There is no light among darkness
And I won't find my answer.
A stone in the abyss fall
Not finding his dream
And burning like hell, I'll die there!
…
Папе
Слова: Е. Амирамов
I
Я. Ночью. Обескровленный судьбою,
Неслышно рассуждаю сам с собою…
Иль это кто-то, жизнь мою храня,
Меня сейчас спасает от меня…
И тот, кто жить меня пока заставил,
Мне для беседы с Ним тебя отправил…
Да, это Ты, кем я на свет рождён,
Потомок тех, кто угнан в Вавилон…
Чьи праотцы, затеяв долгий труд,
Подарком миру вынесли Талмуд…
Кто строит, кто ворует, пьет, иль судит…
Но ветер вечности листает книгу судеб…
Ты знал погром,... войну,... ад лагерей,
Где выжгли, вбили, врезали - ЕВРЕЙ...
И хорошо! Ещё никто не смог
Сломить того, чей предводитель - Бог!
Пусть время вырвало твой лист когтистой лапой…
Ты, как и был для нас для всех, остался папой…
Все очень верно, просто и легко,
А истина совсем не далеко...
И если, всё-таки, она тебе нужна,
Поверь в нее… и вот она - Она:
Над миром, чем питается цветок,
Ты, человек, неслыханно высок.
Пойми, что сок цветка Вселенной – ты…
Возможно, истинной коснёшься Высоты…
И кое-что я понял, наконец…
Если ж Вам меня понять захочется,
Вспомните, каким был мой Отец…
Главное во мне – не я, а Отчество!
................................................
................................................
Я родом из той части света,
Где жизни теряли свои
Мужчины: герои, поэты…
От пули, кинжала, любви…
Кто скажет, что я неудачник,
Не верьте словам подлеца,
Ведь в жизни моей есть мой Нальчик,
С могилой священной отца.
Когда попадал я в объятья
Меня сторожившей беды,
Поддержкой моей были братья
Балкарии и Кабарды!
И потому, мне не указ зараза,
Что всем рекомендует, где им жить,
Ведь я - Ефрем, простой еврей с Кавказа...
А кто сумеет это изменить?
…
For my Father
Words: E. Amiramov
I
I. Night. Discouraged fate,
I speak with myself.…
Ille is someone, my life is stored,
I'm saving from me now…
And the one who lived me while forced,
I sent you to talk to him.…
Yeah, that's you who I am born,
Descendants of those who hijacked in Babylon…
Whose forefathers, who have long work,
The gift to the world was brought by Talmud…
Who builds who steal, drink, Ilya judges…
But the wind of eternity leaves the book of the judiciary…
You knew the pogrom... war,... camp hell,
Where burned, beaten, crashed - the Jew...
And good! No one could ever have been able to
Break the one whose leader is God!
Let the time tore your leaf with a claw paw…
You, like we were for all, stayed Daddy…
It's very true, easy and easy,
And truth is not far away...
And if, after all, you need her,
Believe her... and she's - she's:
Above the world than the flower is Fed,
You, man, carried out high.
Understand that the juice of the universe flower is you…
Perhaps true touch Heights…
And something I realized finally…
If you understand me, I want to.,
Remember how my father was.…
The main thing in me is not me, but Patronymic!
................................................
................................................
I'm born from that part of the world,
Where life lost its
Men: heroes, poets…
From bullets, dagger, love…
Who says I'm a loser,
Don't believe the words of the podleets,
After all, my life has my Nalchik,
With the grave of the sacred father.
When I got into my arms
I was a watchman.,
My brothers were my support
Balkaria and Kabarda!
And that's why I don't tell the Con.,
What all recommends where they live,
I'm a Jew, a simple Jew from the Caucasus...
Who can change that?
…
Амирамов Ефрем
(Еврей из Кавказа)
Молодая
https://youtu.be/pDSjm9nLm20?si=51cEsj9KtugnrDc2
…
For Viktoria VNM
http://stihi.ru/2022/05/01/554
Внутренний мир твой, сердца лабиринты.
Я путешественник, зови меня “Хирам”.
Мой жребий брошен, выбрала “Урим” ты.
Позволь войти вратами, мне в твой “Храм”.
Разорваны, “Завесы” багряницы.
Какое счастье, обладать тобой.
А стаи чувств, как раненые птицы.
Летят в закат, над далью голубой.
Закрыл глаза, мир внешний исчезает.
В дрожь, в немоту - приводит поцелуй.
Прикосновенья, тело осязает.
Меня - своей любовью, околдуй.
В моих объятьях, ты снежинкой таешь.
Твой тихий шепот, превратился в крик.
Люблю тебя - ты твёрдо это знаешь.
Нет смысла - повторяться каждый миг.
В “Храме Любви” - колонны и статуи.
“Ковчег” страстей - “Скрижали” тайных слов.
Хранишь там - “Чашу Грааля” золотую.
Свободы “Ключ” - от рабства и оков.
Только к рассвету, страсти утихают.
Уснуть - прижав лицо к твоей груди.
Над “Раем” - роем “Бабочки” порхают.
Познать - “Кто Я”, что ждёт там впереди.
Твой “Храм” - искал всю жизнь, на земном шаре.
Пусть “Пламя Жертвенника” - жжёт ещё сильней.
А “Души” - обгорев, в страстей пожаре.
На “Жертвенник” - легли, среди камней.
“Созданья Свет” - из наших глаз искрится.
Сердце стучит и пульсом бьёт в висок.
На “Жертвеннике” - “Пламя” возгорится.
Из “Грааля”пью я - “Виноградный Сок”.
Как странника - живущего в пустыне.
На исповедь пришедшего, прости.
Тогда - в нём “Жажда к Жизни” не остынет.
Из “Храма” - ты его не отпусти.
Чтоб - растворяясь, в страстном поцелуе.
Преодолев - измены боль и страх.
Познать “Одно” - хоть “Мир” непредсказуем.
Любить - важней, чем каяться в грехах.
…
Inner world yours, hearts labyrinth.
I'm a traveler, call me " Hiram”.
My lot of broached, chose " Urim” you.
Let me go into your Temple.
Torn, “veils” bugs.
What happiness, possess you.
And the pack of feelings like wounded birds.
Fly to sunset, over the far blue.
Closed his eyes, the world outer disappears.
In trembling, in the nemot - leads kiss.
Touch, body tightened.
I'm my love, you'll be okay.
In my arms, you're a snowy.
Your quiet whisper turned into a scream.
I love you - you know that firmly.
There's no point - to repeat every moment.
In the Temple of love - columns and statues.
"Ark” passions -" cut” words.
You keep it there - " the Grail Cup” gold.
Freedom " key” - from slavery and chains.
Only by Dawn, passion is lost.
Sleep - pressed your face against your chest.
Over Paradise , the Roem Butterfly's roaming.
To know - " who I”, what awaits there.
Your Temple was looking for a lifetime on the globe.
Let the " flame of the altar” - will burn even stronger.
"Souls” - overhorev, in passion fire.
On " sacrifice” - lay, among stones.
"The light is created - from our eyes sparkles.
Heart beats and pulse beats in the temple.
On the "altar” -" flame” will burn.
From Grail I'm a Grail of Grail wine juice.
Like a wandererer living in the desert.
I'm sorry.
Then - in it “thirst for life” not will cool.
From the Temple you don't let him go.
To-dissolve, in passionate kiss.
Overcome - pain and fear.
To know “one” - modicum “World” unpredictable.
Love is more important than to bow in sin.
…
ПЕСНЯРЫ - Алеся (1972)
https://youtu.be/aqYZjYf2hF0?si=qvX5-LM_RijDjtIB
…
#charity #grateful #WeSupportUkraine #ukrainian #Zelensky #service #grateful #WeSupportUkraine #Zelensky #EasterSunday #ukraine #wesupportukraine #;;ukraine #;;;;;; #;; #kiev #supportukraine #staystrongukraine #academ, #stopwar #UkraineWar #ukrainiannews, #wesupportUkraine #academmedia #academfm #worldcentralkitchen #WeSupportUkraine #donations #helpeachother #wesupportukrain #ukrainewar #ukranianrefugees #hostfamily #lighthousecharities #westandwithukraine #service #dogood #churchofjesuschristoflatterdaysaints #giveback #becauseihavebeengivenmuch #signsofhope #signsofsolidarity #WCK #withapurpose #FreeUkraine #WeAreAllUkrainians #United #godsaveukraine #istandwithukraine #нетвойне #мирумир #standwithukraine
…
Для тех кому интересны мои стихи и мысли о войне в Украине
Ссылки на мои стихи, мысли и чувства о войне в Украине.
Ссылка на сайт всех моих стихов
http://stihi.ru/avtor/nobfly
Свеча Украины
http://stihi.ru/2022/03/11/3556
Плачь Украины
http://stihi.ru/2022/03/17/5459
Ветер войны над детьми Украины
http://stihi.ru/2022/03/21/3165
Свет в окне Украины
http://stihi.ru/2022/03/25/4013
Ода Украины
http://stihi.ru/2022/03/26/3954
33 дня войны в Украине
http://stihi.ru/2022/03/28/5378
Любимой Украинке Виктории
http://stihi.ru/2022/03/29/834
Молитва и Пост за Украину
http://stihi.ru/2022/03/29/4429
Вавилонская Блудница Сташный Суд
http://stihi.ru/2022/03/30/669
Путь к победе Украины
http://stihi.ru/2022/03/30/908
За Украину
http://stihi.ru/2022/03/30/1033
Война и Мир в Украине
http://stihi.ru/2022/03/30/1083
Война в Украине окончена
http://stihi.ru/2022/03/31/59
Любовь во время войны в Украине
http://stihi.ru/2022/04/02/6423
Значение Z в войне в Украине
http://stihi.ru/2022/04/03/3858
Священникам о Войне в Украине
http://stihi.ru/2022/04/04/4608
Огненное Крещение Украины
http://stihi.ru/2022/04/08/1058
Молебен об Украине
http://stihi.ru/2022/04/08/1247
Украина - это Божия Война
http://stihi.ru/2022/04/10/22
Магдалина и Гностик в Украине
http://stihi.ru/2022/04/10/1937
Выжить в подвалах Украины и России
http://stihi.ru/2022/04/15/3308
Z Война в Украине и Ю Тубе
http://stihi.ru/2022/04/15/5641n
Беженцы Украины
http://stihi.ru/2022/04/15/5821
Христианский пацифизм в Украине
http://stihi.ru/2022/04/15/6914
Ядерная война в Украине
http://stihi.ru/2022/04/16/1729
Баба Яга в Украине
http://stihi.ru/2022/04/16/3207
Мы все в каббалистической Войне в Украине
http://stihi.ru/2022/04/16/7244
Пасха на войне в Украине
http://stihi.ru/2022/04/17/6189
Молчание Китая, БГ и Аллы Пугачёвой Украина война
http://stihi.ru/2022/04/18/4958
Молитва о свободе от войны в Украине
http://stihi.ru/2022/04/19/2575
Милой Украинке Виктории
http://stihi.ru/2022/04/20/7432
Бог ЗСУ христианство и язычество в Украине
http://stihi.ru/2022/04/20/7746
Хотеть войны в Украине
http://stihi.ru/2022/04/22/7131
Уничтожение славян как расы в Украине
http://stihi.ru/2022/04/23/1221
Загадка во время войны в Украине
http://stihi.ru/2022/04/25/3979
Галкин Киркоров OLA KALA TODA о Мире в Украине
http://stihi.ru/2022/04/27/5465
Трубный Зов в Украине
http://stihi.ru/2022/04/27/7801
Тариел Майсурадзе - Храм Любви
https://youtu.be/jz5r807xtH8
…
Ode to Ukraine
http://stihi.ru/2022/03/26/3954
Застиг смуток у твоїй німій усмішці,
В очах іскриться сріблом крапель...
Тужачи за доконаною помилкою,
Ти пензля не візьмеш і акварель...
Грають ніжно музику мінора,
У твоїй душі скрипкові ключі...
Закривши себе від пліток і ганьби,
У відповідь на всі запитання ти мовчиш...
Тебе вже до ниточки роздягнули,
Усмішки, розмови за спиною...
Дні свят беззвучно пролетіли,
Ти далеко, тепер ти не зі мною...
Затихла ти як спіймана миша,
Ти в погребі під кам'яною вежею...
І голос мій ти більше не почуєш,
Я для тебе тепер як день учорашній...
Тепер ти без мене, тепер одна,
Ступаєш по хрусткій, колючій кромці...
Розсудить Бог, чия в тому була вина,
Що наш зв'язок був настільки тонким...
Під вічним поглядом згасаючої зірки,
Ти не зі мною тепер проводиш ночі...
Ти в совісті залишила сліди,
Але не хотів тебе я зганьбити...
Вільна твоя мандрівниця-душа,
Від страху, підпорядкування, контролю,
Що далі буде, лише тобі вирішувати,
Адже ти з клітки вирвалася на волю...
Летять до тебе слова мої і сни,
Перетинаючи прірву відстаней...
Гостями з невидимої країни,
У пориві моїх пристрасних каяття...
У таємничій країні метаморфоз,
Холодною статуеткою з агату...
Душа застигнувши стоїть в ущелинах сліз,
Де карлик сонця хилиться до заходу...
І тінь моя стає довшою,
І життя моє стає коротшим...
Я стаю і без вина п'янішим,
Адже без тебе минають дні й ночі...
Як крижані камінчики в роті,
Бабки слів задушені в гортані...
Мені гризе серце рожева ртуть,
А на душі лежить свинцевий камінь...
Усе важчий часу свинець,
Свідомість просочена болем...
Зріє розлуки страшний бубенець,
Груди мої наскрізь роз'їдаючи сіллю...
Мерехтить болю ртутна змія,
Вона мене вжалити не посміє...
Розрив із тобою душі як пекуча отрута,
Несамовитою зимою заледенеет...
А роки тануть кубиками льоду,
Я стаю сумнішим, старшим, суворішим...
Здригнулося серце, горя не таячи,
Помру я, і любов мені не допоможе...
Кидають часу безцінні піщинки,
Моєї долі пісочний годинник...
Розтанули моєї надії крижинки,
Я Господом поставлений на ваги...
Фальшивих звуків згубний розлад,
Від ноти до ноти виразніше і тихіше...
Тепер тебе мені не повернути назад,
Тепер тебе не бачу і не чую...
Твій ніжний образ на моїй стіні,
Спогадом душу холодить...
У потойбічному і безбарвному сні,
Я бачив те, що чекає нас попереду...
Я бачив Світло, я був біля самих Воріт,
Я бачив обличчя, чув Голос з Неба...
Забудемо там хто правий, хто винен,
Покуштуємо від Неземного Хліба...
Часом, моєї душі голодний кріт,
вперто риє в темряві траншеї...
А пальці часу, холодні як лід,
Знову змикаються на моїй шиї...
У безглуздості словесної метушні,
Під вагою душевної недуги...
Ми так схожі на глухонімих,
Намагаючись докричатися один до одного!
…
Застыла грусть в твоей немой улыбке,
В глазах искрится серебром капель...
Тоскуя о свершившейся ошибке,
Ты кисти не возьмёшь и акварель...
Играют нежно музыку минора,
В твоей душе скрипичные ключи...
Закрыв себя от сплетен и позора,
В ответ на все вопросы ты молчишь...
Тебя уже до ниточки раздели,
Ухмылки, разговоры за спиной...
Дни праздников беззвучно пролетели,
Ты далеко, теперь ты не со мной...
Затихла ты как пойманная мышь,
Ты в погребе под каменною башней...
И голос мой ты больше не услышишь,
Я для тебя теперь как день вчерашний...
Теперь ты без меня, теперь одна,
Ступаешь по хрустящей, колкой кромке...
Рассудит Бог, чья в том была вина,
Что наша связь была настолько тонкой...
Под вечным взглядом гаснущей звезды,
Ты не со мной теперь проводишь ночи...
Ты в совести оставила следы,
Но не хотел тебя я опорочить...
Свободна твоя странница-душа,
От страха, подчинения, контроля,
Что дальше будет, лишь тебе решать,
Ведь ты из клетки вырвалась на волю...
Летят к тебе слова мои и сны,
Пересекая пропасть расстояний...
Гостями из невидимой страны,
В порыве моих страстных раскаяний...
В таинственной стране метаморфоз,
Холодной статуэткой из агата...
Душа застыв стоит в ущельях слёз,
Где карлик солнца клонится к закату...
И тень моя становится длинней,
И жизнь моя становится короче...
Я становлюсь и без вина пьяней,
Ведь без тебя проходят дни и ночи...
Как ледяные камешки во рту,
Стрекозы слов задушены в гортани...
Мне гложет сердце розовая ртуть,
А на душе лежит свинцовый камень...
Всё тяжелее времени свинец,
Сознание пропитанное болью...
Зреет разлуки страшный бубенец,
Грудь мою насквозь разъедая солью...
Мерцает боли ртутная змея,
Она меня ужалить не посмеет...
Разрыв с тобой душе как жгучий яд,
Неистовой зимой заледенеет...
А годы тают кубиками льда,
Я становлюсь печальней, старше, строже...
Дрогнуло сердце, горя не тая,
Умру я, и любовь мне не поможет...
Роняют времени бесценные песчинки,
Моей судьбы песочные часы...
Растаяли моей надежды льдинки,
Я Господом поставлен на весы...
Фальшивых звуков гибельный разлад,
От ноты к ноте явственней и тише...
Теперь тебя мне не вернуть назад,
Теперь тебя не вижу и не слышу...
Твой нежный образ на моей стене,
Воспоминаньем душу холодит...
В потустороннем и бесцветном сне,
Я видел то, что ждёт нас впереди...
Я видел Свет, я был у самых Врат,
Я видел лица, слышал Голос с Неба...
Забудем там кто прав, кто виноват,
Отведаем от Неземного Хлеба...
Порой, моей души голодный крот,
Упрямо роет в темноте траншеи...
А пальцы времени, холодные как лёд,
Опять смыкаются на моей шее...
В бессмыслице словесной кутерьмы,
Под тяжестью душевного недуга...
Мы так похожи на глухонемых,
Пытаясь докричаться друг до друга!
…
Ode to Ukraine
Sadness is frozen in your mute smile,
Silver drops sparkle in your eyes....
Longing for the mistake that was made,
You won't pick up your brushes and watercolours...
They play softly the music of the minor,
In your soul, the violin keys.
Shutting yourself off from gossip and shame,
You're silent in answer to all questions.
You've been stripped to the skin
; The smirks, the conversations behind your back ;
The days of the holidays have gone by silently,
# You're far away, you're not with me now #
You're as quiet as a caught mouse,
You're in a cellar under a tower of stone.
You'll never hear my voice again,
I'm like yesterday's day.
Now you're without me, now you're alone,
You're treading on the crisp, crunchy edge...
; God will judge whose fault it was ;
That our bond was so thin
Under the eternal gaze of a fading star,
You don't spend your nights with me.
You left a mark on my conscience
But I didn't want to defame you.
Free your wandering soul,
From fear, from submission, from control
What happens next is up to you,
You're free from your cage.
My words and dreams are flying to you,
Crossing the abyss of distance.
As guests from an invisible land,
In the rush of my passionate repentance.
In the mysterious land of metamorphosis,
A cold agate statue.
The soul stands frozen in the gorges of tears,
Where the sun dwarfs the sunset...
And my shadow grows longer,
And my life grows shorter
I'm getting drunker without wine,
Days and nights pass without you.
Like icy pebbles in my mouth,
Dragonflies of words strangled in my throat...
The pink mercury in my heart,
And my soul is a leaden stone...
Time's lead is getting heavier and heavier
My consciousness is soaked in pain...
The dreadful tinkle of separation,
The salt in my chest...
The mercury snake of pain flickers,
It can't sting me.
The break with you is like a stinging poison to my soul,
And the years are melting into ice cubes
I'm getting sadder, older, sterner...
My heart is trembling, I'm not afraid,
I'm going to die, and love won't help me...
Time's precious grains of sand are falling,
The hourglass of my fate...
My hope has melted away,
I've been put on the scales by God...
The false sounds are a ruinous discord,
From note to note, clearer and quieter...
I can't get you back now
Now I can't see you or hear you...
Your gentle image on my wall
A memory that chills my soul.
In an otherworldly and colourless dream,
I saw what lies ahead.
I've seen the Light, I've been at the Gates,
I've seen faces, I've heard a voice from Heaven...
Let's forget who's right and who's wrong,
Let's eat of the Bread of Heaven...
Sometimes my soul's hungry mole,
Stubbornly digs trenches in the dark...
And the fingers of time, cold as ice,
Clamp down again on my neck...
In the nonsense of words,
Under the weight of mental illness...
We're like deaf-mutes
Trying to get through to each other!
…
#НЕТВОЙНЕ
#istandwithukraine
…
Amici Con Favori Imitazione Bracha Shalev
http://stihi.ru/2012/09/16/170
I hear foot steps in the hall,
Pressed my head against cold wall...
Aneurism kills my brain,
I can't stand all that migraine...
Starbucks coffee getting cold,
Ready to shave my head bold...
Someone knocking on the door,
Screaming, "Open up you whore!"...
I am done with one night stands,
Told him, No, we can't be "Friends"...
"Friends with favors"? I refuse!
I feel "Blue", I am singing blues...
Woah, my tits are getting hard,
Something sharp went thru my heart...
I am kitten in demand,
Fuck, I do one, "One Night Stand"...
Slice of pizza looks so tasty,
Why my life, so fucking waisted...
Turn hot water in the shower,
I am me, I am Bracha Shalev!
...
Sento dei passi nel corridoio,
Ho premuto la testa contro il muro freddo...
L'aneurisma mi uccide il cervello,
Non sopporto tutta questa emicrania...
Il caff; di Starbucks si raffredda,
Pronto a radermi la testa in grassetto...
Qualcuno bussa alla porta,
che grida: "Apri, puttana!"...
Ho chiuso con le storie di una notte,
Gli ho detto: "No, non possiamo essere "amici""...
"Amici con favori"? Mi rifiuto!
Mi sento "blu", sto cantando il blues...
Woah, le mie tette stanno diventando dure,
Qualcosa di tagliente mi ha attraversato il cuore...
Sono un gattino richiesto,
Cazzo, ne faccio una, "Una Notte in Bianco"...
La fetta di pizza sembra cos; gustosa,
Perch; la mia vita, cos; fottutamente sprecata...
Gira l'acqua calda nella doccia,
Sono io, sono Bracha Shalev!
09/14/2012
For B.S.
...
John 18:38
Verse of the Bible
John 18:38 is the 38th verse in chapter 18 of the Gospel of John in the New Testament of Christian Bible. It is often referred to as "jesting Pilate". In it, Pontius Pilate questions Jesus' claim that he is "witness to the truth" (John 18:37).
Quick Facts Book, Christian Bible part ...
Following this statement, Pilate tells Jewish authorities outside that he does not consider Jesus guilty of any crime.
Text
More information SBLGNT 2010, Nova Vulgata 1979 ...
Analysis
P52, an ancient papyrus inscribed with John 18:37-38
Nikolai Ge "Christ and Pilatus" (What is truth?), 1890
The exact intention of Pilate has been subject to debate among scholars, with no firm conclusion. His statement may have been made in jest that the trial was a mockery, or he may have sincerely intended to reflect on the philosophical position that truth is hard to ascertain. The Greek word rendered as "truth" in English translations is "aletheia", which literally means "unconcealed" and connotes sincerity in addition to factuality and reality; whereas Jesus' use of the term appears to indicate absolute, revealed knowledge.
This verse reflects the Christian tradition of the "guiltlessness of Jesus" in Pilate's Court.The innocence of Jesus is important in the Gospel of John, given that it emphasizes Jesus as the Lamb of God.
In addition to the guiltlessness of Jesus this verse also reflects the rejection of the truth of God: Jesus, the witness to truth was rejected, ignored and condemned.
Literary references
This verse has been widely quoted and alluded to in culture and literature, particularly in that of philosophical nature. While Pilate's question—whether intended philosophically, jestfully, rhetorically, or born of frustration at the lack of a plain answer—is by no means the only incident of someone questioning the nature of truth, it has been drawn upon many times as a significant occurrence thereof.
Francis Bacon uses this musing to open his essay Of Truth, saying that Pilate "would not stay for an answer". He uses this to introduce his theme of truth as an affirmation of faith.[citation needed]
Friedrich Nietzsche wrote of the line and extended praise to Pilate:
"Do I still have to add that in the entire New Testament there is only one solitary figure one is obliged to respect? Pilate, the Roman governor. To take a Jewish affair seriously - he cannot persuade himself to do that. One Jew more or less - what does it matter ?... The noble scorn of a Roman before whom an impudent misuse of the word 'truth' was carried on has enriched the New Testament with the only expression whichpossesses value - which is its criticism, its annihilation even: 'What is truth?..." (Nietzsche, writing in The Antichrist, §46)
Mikhail Bulgakov fictionally expands on the relationship between Pilate and Jesus in his novel Master and Margarita. Specific reference to John 18:38 comes in Chapter 2 of the novel entitled "Pontius Pilate", in which he asks the very question "What is truth?" to Jesus ("Jeshua Ha-Notsri" - "Jesus of Nazareth" in Hebrew).
J. L. Austin, the ordinary-language philosopher, in a symposium on truth, begins with some paragraphs from the Bacon essay but expands the commentary to many pages, using the approaches of modern logic.
In his novella (and play) Home Truths, David Lodge lets the writer Adrian Ludlow quote "What is truth? said jesting Pilate, and would not stay for an answer" when he is interviewed by the journalist Fanny Tarrant, known for her vicious and perhaps not entirely truthful interviews.
In Robert A. Heinlein's novel Stranger in a Strange Land, principal character Jubal Harshaw, in response to Valentine Michael Smith’s query "What is 'truth'?", thinks “('What is Truth?' asked a Roman judge, and washed his hands of a troublesome question. Jubal wished that he could do likewise.)":;167;
Religious views on truth
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Religious views on truth vary both between and within religions. The most universal concept of religion that holds true in every case is the inseparable nature of truth and religious belief. Each religion sees itself as the only path to truth.[citation needed]Religious truth, therefore, is never relative, always absolute.
According to an online edition of Webster's Dictionary, the word Truth is most often used to mean being in accord with fact or reality, or fidelity to an original or standard.
Abrahamic religions
Christianity
See also: John 18:38, Intuitive truth, and Christian views on lying
Nikolai Ge's What is Truth?, depicting the New Testament account of the question as posed by Pilate to Jesus.
Pontius Pilate's "What is Truth?" – stylized inscription at entrance to Antoni Gaudi's Sagrada Fam;lia (Barcelona).
Christian philosopher William Lane Craig notes that the Bible typically uses the words true or truth in non-philosophical senses to indicate such qualities as fidelity, moral rectitude, and reality. However, it does sometimes use the word in the philosophical sense of veracity.
Some Christians believe that other authorities are sources of doctrinal truth. Catholicsbelieve that the Pope is infallible when pronouncing on certain, rather specific, matters of church doctrine. On the day he was crucified, Jesus said, "For this I was born and for this I came into the world, to testify to the truth. Everyone who belongs to the truth listens to my voice." John 18:37. Pilate, did not know Jesus and infamously said, "What is truth?" John 18:38. Thus, the modern Christian must resolve contradictions and determine what became obsolete and reconciled by Jesus's ministry. Knowing God is "love" and "spirit" (words used by Jesus), are contrary to many brutal images of the Old Testament LORD, but are essential to discernment and instruction.
In Christian Science, (not recognised as a Christian organization by the bulk of mainstream churches) Truth is God.
The Magisterium of the Church
Main article: Sacred tradition
The magisterium of the Catholic Church is the church's authority or office to establish teachings. That authority is vested uniquely in the Pope and the bishops, under the premise that they are in communion with the correct and true teachings of the faith which is shown in the Catechism of the Catholic Church. Sacred scripture and sacred tradition "make up a single sacred deposit of the Word of God, which is entrusted to the Church", and the magisterium is not independent of this, since "all that it proposes for belief as being divinely revealed is derived from this single deposit of faith."
Biblical inerrancy
Main articles: Biblical inerrancy, Biblical infallibility, and Biblical literalism
Biblical inerrancy, as formulated in the "Chicago Statement on Biblical Inerrancy", is the doctrine that the Protestant Bible "is without error or fault in all its teaching"; or, at least, that "Scripture in the original manuscripts does not affirm anything that is contrary to fact". Various interpretations have been applied, depending on the tradition. According to some interpretations of the doctrine, all of the Bible is without error, i.e., is to be taken as true, no matter what the issue. Other interpretations hold that the Bible is always true on important matters of faith, while other interpretations hold that the Bible is true but must be specifically interpreted in the context of the language, culture and time that relevant passages were written.
Judaism
See also: Jewish views on lying
There is no unilateral agreement among the different denominations of Judaism concerning truth. In Orthodox Judaism, truth is the revealed word of God, as found in the Hebrew Bible, and to a lesser extent, in the words of the sages of the Talmud. For HasidicJews truth is also found in the pronouncements of their rebbe, or spiritual leader, who is believed to possess divine inspiration. Kotzk, a Polish Hasidic sect, was known for their obsession with truth.[citation needed]
In Conservative Judaism, truth is not defined as literally as it is among the Orthodox. While Conservative Judaism acknowledges the truth of the Tanakh, generally, it does not accord that status to every single statement or word contained therein, as do the Orthodox. Moreover, unlike Orthodox Judaism, Conservative Judaism believes that the nature of truth can vary from generation to generation, depending on circumstances. For instance, with respect to halakha, or Jewish law, Conservative Judaism believes that it can be modified or adapted depending on the needs of the people. In Orthodox Judaism, by contrast, the halakha is fixed (by the sages of the Talmud and later authorities); the present-day task, therefore, is to interpret the halakha, but not to change it.[citation needed]
Reform Judaism takes a much more liberal approach to truth. It does not hold that truth is found only in the Tanakh; rather, there are kernels of truth to be found in practically every religious tradition. Moreover, its attitude towards the Tanakh is, at best, a document parts of which may have been inspired, but with no particular monopoly on truth, or in any way legally binding.[citation needed]
Islam
Honesty and truthfulness are very important concepts in Islamic law. Muslims are commanded to be honest in their dealings with others and also to oneself. Honesty involves not lying or cheating others, giving others their fair due even when it is not asked, giving objective opinions even when they count against you, and not obtaining property or money by fraud. Muslims must also fulfill their promises.
Another important concept is the belief that truth lies in Islam itself, as being the one true religion, and the ultimate answer to all moral questions. Muslims believe that there is no falseness or contradictions in Islam because "falseness or contradiction in one matter of the religion proves the falsity of the religion as a whole, since we would then doubt the integrity of its texts."
Indian religions
Sikhism
Mul Mantra
The First Part of the Guru Granth Sahib states one universal creator God, his name is truth.This demonstrates that God is equal and one. In the Mul Mantra the Guru explains that God is the truth and he wants you to keep him in your minds at all times. The guru says God is beyond our understanding of knowledge.
Buddhism
Main article: Sacca
The Four Noble Truths
Main article: Four Noble Truths
The Four Noble Truths are the most fundamental Buddhist teachings and appear countless times throughout the most ancient Buddhist texts, the Pali Canon. They arose from Buddha's enlightenment and are regarded in Buddhism as deep spiritual insight, not as philosophical theory, with Buddha noting in the Samyutta Nikaya: "These Four Noble Truths, monks, are actual, unerring, not otherwise. Therefore, they are called noble truths."
The Four Noble Truths are as follows:
* dukkha (suffering, incapable of satisfying, painful) is an innate characteristic of existence in the realm of samsara;
* samudaya (origin, arising) of this dukkha, which arises or "comes together" with ta;h;("craving, desire or attachment");
* nirodha (cessation, ending) of this dukkhacan be attained by the renouncement or letting go of this ta;h;;
* marga (path, Noble Eightfold Path) is the path leading to renouncement of tanha and cessation of dukkha.
Two Truths Doctrine
Main article: Two truths doctrine
The two truths doctrine in Buddhismdifferentiates between two levels of truth in Buddhist discourse, a "relative", or commonsense truth (Tibetan: kun-rdzob bden-pa; Sanskrit: samvrtisatya), and an "ultimate" or absolute spiritual truth (Tibetan: don-dam bden-pa; Sanskrit: paramarthasatya). Stated differently, the Two Truths Doctrine holds that truth exists in conventional and ultimate forms, and that both forms are co-existent. Other schools, such as Dzogchen, hold that the Two Truths Doctrine are ultimately resolved into nonduality as a lived experience and are non-different. The doctrine is an especially important element of Buddhism and was first expressed in complete modern form by Nagarjuna, who based it on the Kacc;yanagotta Sutta.[citation needed]
Jainism
Although, historically, Jain authors have adopted different views on truth, the most prevalent is the system of anekantavada or "not-one-sidedness". This idea of truth is rooted in the notion that there is one truth, but only enlightened beings can perceive it in its entirety; unenlightened beings perceive only one side of the truth (ekanta). Anekantavadaworks around the limitations of a one-sided view of truth by proposing multiple vantage points (nayas) from which truth can be viewed (cf. Nayav;da). Recognizing that there are multiple possible truths about any particular thing, even mutually exclusive truths, Jain philosophers developed a system for synthesizing these various claims, known as syadvada. Within the system of syadvada, each truth is qualified to its particular view-point; that is "in a certain way", one claim or another or both may be true.[citation needed]
Faith in Christianity
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Within Christianity, faith, in one sense, is often discussed in terms of believing God's promises, trusting in his faithfulness, and relying on God's character and faithfulness to act. Some denominations believe in the New Covenant and in the doctrine of salvation by faith alone (sola fide). According to most Christian traditions and denominations, Christian faith requires a belief in the resurrection of Jesus, and the Agony in the Garden which Jesus states is the plan of God the Father.
Since the Protestant Reformation of the 16th century, the meaning of the term faith has been an object of major theologicaldisagreement in Western Christianity. The differences have been largely overcome in the Joint Declaration on the Doctrine of Justification (1999). The precise understanding of the term "faith" differs among the various Christian traditions. Despite these differences, Christians generally agree that faith in Jesus lies at the core of the Christian tradition, and that such faith is required in order to be a Christian.
Some of the definitions of faith in the history of Christian theology have followed the biblical formulation in Hebrews 11:1: "Now faith is the assurance of things hoped for, the conviction of things not seen".
Christian faith builds on Old Testament faith because the promises of the Old Testament are accepted as being fulfilled in the ministry, suffering, death, and resurrection of Jesus Christ.
New Testament
The word "faith", translated from the Greek ;;;;;; (pi'stis), was primarily used in the New Testament with the Greek perfect tense and translates as a noun-verb hybrid; which is not adequately conveyed by the English noun. The verb form of pi'stis is pisteuo, which is often translated into English versions of the New Testament as 'believe'. The adjectival form, pistos, is almost always translated as 'faithful'. The New Testament writers, following the translators of the Septuagint (Greek Old Testament) rendered words in the Hebrew scriptures that concerned 'faithfulness' using pi'stis-group words. The pi'stis-group words are most appropriately translated into English by a range of words, depending on the context in which they occur. In both the New Testament and other Greek texts, pi'stisdescribes connections of firmness that can form between a wide variety of entities: people, traditions, practices, groups, purposes, facts or propositions. The appropriate English translation is often evident from the relationship between the two entities connected by pi'stis. The pi'stis-group words in the New Testament can thus be interpreted as relating to ideas of faithfulness, fidelity, loyalty, commitment, trust, belief, and proof. The most appropriate interpretation and translation of pi'stis-group words in the New Testament is a matter of recent controversy, particularly over the meaning of pi'stis when it is directed towards Jesus.
Specific verses
Now faith (pi'stis) is the assurance of things hoped for, the convictionof things not seen.
—;Hebrews 11:1
This passage concerning the function of faith in relation to the covenant of God is often used as a definition of faith. ;;;;;;;;; (hy-po'sta-sis), translated "assurance" here, commonly appears in ancient papyrus business documents, conveying the idea that a covenant is an exchange of assurances which guarantees the future transfer of possessionsdescribed in the contract. In view of this, James Hope Moulton and George Milligansuggest the rendering: "Faith is the title deedof things hoped for".
In recent decades, scholars have researched what pi'stis meant in the social context of the New Testament writers. Several scholars who have studied the usage of pi'stis in both early Greek manuscripts and the New Testament have concluded that 'faithfulness' is the most satisfactory English translation in many instances. This recent research has prompted some to argue that New Testament faith and belief in Jesus should be understood in terms of faithfulness, loyalty, and commitment to him and his teachings, rather than in terms of belief, trust and reliance.
Catholic Church
Relief of allegory of faith on the Holy Trinity Column in Olomouc
The Catholic Church considers that faith is twofold.
* Objectively, faith is the sum of truths revealed by God in Scripture and traditionand which the Catholic Church presents in a brief form in its creeds.
* Subjectively, faith stands for the habit or virtue by which these truths are assented to.
Assent to divine revelation on the basis of God's truthfulness is termed "divine faith"; this is distinguished from "human faith," which is the simple assent to the propositions of other human beings.
Faith as a theological virtue
According to Thomas Aquinas, faith is "the act of the intellect assenting to a Divine truth owing to the movement of the will, which is itself moved by the grace of God" (St. Thomas, II-II, Q. iv, a. 2). And just as the light of faith is a gift supernaturally bestowed upon the understanding, so also this divine gracemoving the will is, as its name implies, an equally supernatural and an absolutely gratuitous gift.
Faith is not blind
Further information: Lumen fidei and Faith and rationality § Catholic views
"We believe", says the Vatican Council (III, iii), "that revelation is true, not indeed because the intrinsic truth of the mysteries is clearly seen by the natural light of reason, but because of the authority of God Who reveals them, for He can neither deceive nor be deceived." The Vatican Council says, "in addition to the internal assistance of His Holy Spirit, it has pleased God to give us certain external proofs of His revelation, viz. certain Divine facts, especially miracles and prophecies, for since these latter clearly manifest God's omnipotence and infinite knowledge, they afford most certain proofs of His revelation and are suited to the capacity of all." Hence Thomas Aquinas writes: "A man would not believe unless he saw the things he had to believe, either by the evidence of miracles or of something similar" (II-II:1:4, ad 1).
In the Catholic Church, justification is granted by God from baptism, the sacrament of faith. Joseph Cardinal Tobin said: "religion is a lifestyle. It means that what I believe influences the way that I live."
Eastern Christianity
Noetic faculty
Faith (pistis) in Eastern Christianity is an activity of the nous or spirit. Faith being characteristic of the noesis or noeticexperience of the spirit. Faith here being defined as intuitive truth meaning as a gift from God, faith is one of God's uncreated energies (Grace too is another of God's uncreated energies and gifts). The God in Trinity is uncreated or incomprehensible in nature, being or essence. Therefore, in Eastern Christianity, God's essence or incomprehisibility is distinguished from his uncreated energies. This is clarified in the Essence-Energies distinction of Gregory Palamas.
Intuitive truth
As God in Trinity, as the anomalies of God's essence or being.[clarification needed] In Eastern Christianity it is by faith or intuitive truth that this component of an object's existence is grasped.
Protestantism
In the Protestant tradition, faith is generally understood to be closely associated with ideas of belief, trust, and reliance. This understanding is founded in the doctrinal statements of the Protestant Reformers. One of their confessional statements explains: "the principle acts of saving faith are accepting, receiving, and resting upon Christ alone for justification, sanctification, and eternal life."The Reformers contrasted faith with human efforts to do good works as a means of justification. This understanding of saving faith has remained within the Protestant tradition. Saving faith is generally understood in terms of a belief of, trust in, and reliance on the person of Jesus and his work of atonementaccomplished through his death on the cross.
According to Lutherans, saving faith is the knowledge of, acceptance of, and trust in the promise of the Gospel.
Faith as steadfastness in reasoned belief
C.S. Lewis described his experience of faith in his book Mere Christianity by distinguishing between two usages of the word. He describes the first as follows: "Faith seems to be used by Christians in two senses or on two levels ... In the first sense it means simply Belief."Several paragraphs later he continues with "Faith, in the sense in which I am here using the word, is the art of holding on to things your reason has once accepted, in spite of your changing moods."
Faith as a gift of God
Paul writes in Ephesians 2:8–9: "For by grace you have been saved through faith, and this is not your own doing; it is the gift of God—not the result of works, so that no one may boast." From this, some Protestants believe that faith itself is given as a gift of God (e.g.the Westminster Confession of Faith), although this interpretation is disputed by others who believe the Greek genderalignment indicates that the "gift" referred to is salvation rather than faith.
Latter Day Saint movement
Further information: Latter Day Saint movement
"And now, I, Moroni, would speak somewhat concerning these things; I would show unto the world that faith is things which are hoped for and not seen; wherefore, dispute not because ye see not, for ye receive no witness until after the trial of your faith." The Book of Mormon, Ether 12:6
Increase ones faith
James O. Mason said that there need to be 4 steps to increase ones faith.
* Study: The Prophet Joseph Smith instructed, “Faith comes by hearing the word of God, through the testimony of the servants of God.”
* Prayer: The Apostle Paul counseled that through our prayers we "might perfect that which is lacking in [our] faith." 1 Thessalonians 3:10
* Service and sacrifice: The Prophet Joseph Smith taught, "Let us here observe, that a religion that does not require the sacrifice of all things never has power sufficient to produce the faith necessary unto life and salvation; for, from the first existence of man, the faith necessary unto the enjoyment of life and salvation never could be obtained without the sacrifice of all earthly things."
* Personal righteousness: The Savior taught, "If any man will do [God's] will, he shall know of the doctrine, whether it be of God, or whether I speak of myself." John 7:17
Faith as a seed
Alma the Younger describes faith as a seed in Alma 32 in the Book of Mormon. This is the most comprehensive explanation of faith in the Standard works of the LDS Church.
See also
* Binding of Isaac
* Book of Job
* Rule of Faith
Rule of Faith
Ultimate authority in Christian belief or fundamental interpretive standard
The rule of faith (Greek: ;;;;; ;;; ;;;;;;;, Latin: regula fidei) is the name given to the ultimate authority in Christian belief or fundamental hermeneutic(interpretive) standard (e.g., for biblical interpretation.). It was used by Early Christianwriters such as Tertullian. The phrase is sometimes used for early creeds.
Meaning
Joseph Fitzmyer SJ notes that the rule of faith (Latin: regula fidei) (where 'rule' has the sense of a measure such as a ruler) is a phrase rooted in the Apostle Paul's admonition to the Christians in Rome in the Epistle to the Romans 5:13 12:6, which says, "We have different gifts, according to the grace given us. If a man's gift is prophesying, let him use it in proportion to his faith." (NIV, 1984)
The last phrase, "in proportion to his faith" is in Greek ;;;; ;;; ;;;;;;;;; ;;; ;;;;;;; ("analogy of faith"). In Romans 12:6 this refers to one of three possible ideas: the body of Christian teachings, the person's belief and response to the grace of God, or to the type of faith that can move mountains.
As a standard for adherence to orthodoxy, rule of faith originally referred to the Old Roman Symbol, which was an earlier and shorter version of the Apostles' Creed and other later statements of faith. As a historical standard for adherence to orthodoxy, rule of faith may also refer to other statements of faith including the Nicene Creed, Athanasian Creed, Augsburg Confession, Canons of Dort, Westminster Confession and others, the inner light of the spirit, as among mystics.
The rule of faith is the name given to the ultimate authority or standard in religious belief, such as the Word of God (Dei verbum) as contained in Scripture and Apostolic Tradition, as among Catholics; theoria, as among the Eastern Orthodox; the Sola scriptura (Bible alone doctrine), as among some Protestants; the Wesleyan Quadrilateralof faith, which held that Scripture, tradition, reason, and experience, as among other Protestants; and reason alone, as among Rationalist philosophers.[citation needed]
Some theologians use "analogy" as an alias for "rule" rather than its modern sense of comparison.
Second century usage
In the early church, Irenaeus was writing in the second century about the "rule of faith" or "rule of truth." In Against Heresies 1.9.4 he talks about it being received by baptism and continues, in the next chapter, to explain:
…this faith: in one God, the Father Almighty, who made the heaven and the earth and the seas and all the things that are in them; and in one Christ Jesus, the Son of God, who was made flesh for our salvation; and in the Holy Spirit, who made known through the prophets the plan of salvation, and the coming, and the birth from a virgin, and the passion, and the resurrection from the dead, and the bodily ascension into heaven of the beloved Christ Jesus, our Lord, and his future appearing from heaven in the glory of the Father to sum up all things and to raise anew all flesh of the whole human race…
—;Irenaeus, Against Heresies 1.10
Elsewhere, in the preface to his The Demonstration of the Apostolic Preaching, Irenaeus reiterates the need to "hold the rule of the faith without deviation." He goes on again to express the rule of faith across three points or articles:
This then is the order of the rule of our faith…: God, the Father, not made, not material, invisible; one God, the creator of all things: this is the first point of our faith. The second point is: The Word of God, Son of God, Christ Jesus our Lord, who was manifested to the prophets according to the form of their prophesying and according to the method of the dispensation of the Father through whom all things were made; who also at the end of the times, to complete and gather up all things, was made man among men, visible and tangible, in order to abolish death and show forth life and produce a community of union between God and man. And the third point is: The Holy Spirit, through whom the prophets prophesied, and the fathers learned the things of God, and the righteous were led forth into the way of righteousness; and who in the end of the times was poured out in a new way a upon mankind in all the earth, renewing man unto God.
—;Irenaeus, The Demonstration of the Apostolic Preaching 6
Third century usage
Tertullian uses the phrases "rule of faith" and "rule of truth":
Let our "seeking," therefore be in that which is our own, and from those who are our own, and concerning that which is our own, – that, and only that, which can become an object of inquiry without impairing the rule of faith.
—;Tertullian, The Prescription Against Heretics 12
Catholic usage
Pope Pius XII in Humani generis used the term analogy of faith to say that Holy Scripture should be interpreted according to the mind of the Church, not that the teaching of the Church and Fathers should be interpreted by some theorised norm of the Scriptures.
In the Catholic Church, the Bible and sacred tradition (that is, things believed to have been taught by Jesus and the apostles that were not recorded in the Bible but were transmitted through the church) are considered a rule for all believers for judging faith and practice.The current Catechism of the Catholic Churchsays, "all that has been said about the manner of interpreting Scripture is ultimately subject to the judgement of the Church which exercises the divinely conferred commission and ministry of watching over and interpreting the Word of God
The Baltimore Catechism used the phrase "rule of faith":
Q. 561. Must we ourselves seek in the Scriptures and traditions for what we are to believe? A. We ourselves need not seek in the Scriptures and traditions for what we are to believe. God has appointed the Church to be our guide to salvation and we must accept its teaching us our infallible rule of faith.
In Verbum Domini (2010), Pope Benedict XVIwrote:
...while in the Church we greatly venerate the sacred Scriptures, the Christian faith is not a 'religion of the book': Christianity is the 'religion of the word of God,' not of 'a written and mute word, but of the incarnate and living Word' (qtd. from St. Bernard of Clairvaux). Consequently the Scripture is to be proclaimed, heard, read, received and experienced as the word of God, in the stream of the apostolic Tradition from which it is inseparable
Protestant usage
In some Protestant theology, it is a hermeneutical rule of interpreting the Bible that scripture is to interpret scripture (Sacra Scriptura sui interpres: sacred Scripture is its own interpreter). It is an understanding that enforces the Bible as the inspired Word of God, and it is therefore consistent and coherent since God cannot contradict himself.
In conservative[vague] Protestantism Romans 12:6 is viewed as the biblical reference for the term "analogy of the faith" (i.e., ;;;;;;;; ;;; ;;;;;;;).
For Protestants, the Bible alone is considered the word of God and the only infallible standard for judging faith and practice;hence, for conservative Protestantism, the analogy of the faith is equivalent to the analogy of scripture – that is, opinions are tested for their consistency with scripture, and scripture is interpreted by the Holy Spiritspeaking in scripture (compare sola scriptura).
Biblical law
Legal aspects of the Bible
Biblical law is the legal aspects of the Bible, the holy scriptures of Christianity and Judaism.
Christianity
* Abrogation of Old Covenant laws
* Christian views on the Old Covenant, term referring to the theological discussion of the applicability of Hebrew Bible law in a Christian context
* Cafeteria Christianity, a derogatory term used to accuse other Christian individuals or denominations of selecting which Christian doctrines they will follow, and which they will not
* Evangelical counsels, or counsels of perfection in Christianity are chastity, poverty (or perfect charity), and obedience
* Expounding of the Law by Jesus, according to the Gospel of Matthew
* The Great Commandment
* Law and Gospel, the relationship between God's Law and the Gospel of Jesus Christ is a major topic in Lutheran and Reformed theology
* Law of Christ, a Pauline phrase referring to loving one's neighbor and to the New Covenant principles and commands of Jesus the Messiah, whose precise meaning has varying views by different Christian groups and denominations
* The New Commandment of Jesus, according to the Gospel of John
* The Pauline privilege regarding marriage
* The rule of faith of Paul the Apostle
* The Sermon on the Mount provides moral precepts that often extend beyond mere external, legal compliance.
* The unforgivable sin
* The New Testament household code, instructions in the New Testament writings of the apostles Paul and Peter to pairs of Christian people in different domestic and civil structures of society
Judaism
* Law of Moses
* Mitzvah, divine commandment
* The Ten Commandments
* 613 commandments
* Seven Laws of Noah, laws applicable to all of humanity, including non-Jews
Theology
* Antinomianism, general term used for the opposition to biblical laws
* Divine law, any law that is understood as deriving from a transcendent source, such as the will of God or gods, in contrast to man-made law
* Theonomy, a hypothetical form of government based on divine law
The truth will set you free
Biblical adage
See also: Aletheia and Eleutheria
"The truth will set you free" (Latin: V;rit;s l;ber;bit v;s (biblical) or V;rit;s v;s l;ber;bit (common), Greek: ; ;;;;;;; ;;;;;;;;;;; ;;;;, transl. h; al;theia eleuther;sei h;m;s) is a statement found in John 8:32—"And ye shall know the truth and the truth shall make you free" (KJV)—in which Jesus Christaddressed a group of Jews who believed he was the messiah.
"Veritas vos liberabit" in the 1890 graduation book of Johns Hopkins University
Usage
Higher education
The phrase is used as the motto of many universities, colleges, and schools: Yonsei University, Caltech, Johns Hopkins University, Our Lady Seat of Wisdom College, Canterbury Christ Church University, Adelphi University, University of Portland, Idaho State University, Ottawa University, St. Augustine's University, Southern Methodist University, University of Tennessee, Lafayette College, St Thomas College, Thrissur, Mar Ivanios College, Andhra Christian College, Catholic University of Uruguay, Catholic University of Cordoba, University of San Mart;n de Porres, Doshisha University, Victoria University, and Darien High School.
The verse itself, "Ye shall know the truth and the truth shall make you free", is inscribed on the Main Building at the University of Texas at Austin and at Parks Library at Iowa State University. "The truth shall make you free" is also inscribed on "Old Vic", the Victoria College building at Victoria University in the University of Toronto as well as the main hall of McCain Library at Agnes Scott College.
The phrase in Latin is the official motto of Southern Methodist University.
The phrase in Greek is the official motto of Lenoir-Rhyne University.
Translated into German, Die Wahrheit wird euch frei machen (lit. "The truth will make you free"), it is the motto of the Albert Ludwig University of Freiburg.
Politics
The verse from the King James Version is carved in stone in the Original Headquarters Building (OHB) of the Central Intelligence Agency.
The phrase is in the Bible on the coat of armsof the Dominican Republic used since 1913.
The former president of Brazil, Jair Bolsonaro, commonly uses the phrase, which was his motto at the 2018 presidential election. After the Johnny Depp v. Amber Heard verdict on June 1, 2022, Bolsonaro tweeted the verse.
References
1. [1];"10 things You Didn't Know About Canterbury Christ Church University". Kettle Mag. 24 January 2015. Retrieved 27 September 2020.
2. [2];"Spirit and Traditions".
3. [3];"Freiburg: Inschrift am Kollegiengeb;ude". Deutsche Digitale Bibliothek. Retrieved 2023-01-16.
4. [4];"The CIA Headquarters Buildings". Federation of American Scientists. Retrieved September 27, 2020.
5. [5];Morell, Michael (January 29, 2017). "There is a second sacred wall at the CIA. Trump disrespects that one every day". The Washington Post. Retrieved September 27,2020.
6. [6];"Jo;o 8:32 - " E conhecereis a verdade, e a verdade vos libertar;"". Twitter. Retrieved 2022-07-01.
7. [7];Minas, Estado de (2019-08-26). "Bolsonaro cita Jo;o 8:32 e afirma que revelar; 'a verdade' sobre a Amaz;nia". Estado de Minas (in Brazilian Portuguese). Retrieved 2022-07-01.
8. [8];Jo;o 8:32 - " E conhecereis a... - Jair Messias Bolsonaro | By Jair Messias Bolsonaro | Jo;o 8:32 - " E conhecereis a verdade, e a verdade vos libertar;"., retrieved 2022-07-01
9. [9];"- Then you will know the truth, and the truth will set you free. John 8:32Hugs from Captain Jair Bolsonaro ;;;". Twitter. Retrieved 2022-07-01.
10. [10];Pernambuco, Diario de (2022-06-01). "Em ingl;s, Bolsonaro reage a caso Johnny Depp com salmo: A verdade libertar;". Di;rio de Pernambuco (in Brazilian Portuguese). Retrieved 2022-07-01.
Further reading
* Littlejohn, W. Bradford (2017). "'The truth will set you free': the peril and promise of Christian liberty". The Peril and Promise of Christian Liberty: Richard Hooker, the Puritans, and Protestant Political Theology. Wm. B. Eerdmans. pp. 238–. ISBN 978-1-4674-4702-7.
* Scrutton, Anastasia (2008). "'The truth will set you free': salvation as revelation". In Richard Bauckham; Carl Mosser (eds.). The Gospel of John and Christian theology. Wm. B. Eerdmans. pp. 359–. ISBN 9780802827173.
Detraction
Add article description
In Christian theology, detraction is the sin of revealing another person's real faults to a third person without a valid reason, thereby lessening the reputation of that person.
St. Philip Neri compared detraction to scattering feathers in the wind
Distinction from calumny
Detraction differs from the sin of calumny and the civil wrong of defamation, which generally involve false accusations rather than unflattering truths.
The Catholic Encyclopedia clarifies:
Detraction is the unjust damaging of another's good name by the revelation of some fault or crime of which that other is really guilty or at any rate is seriously believed to be guilty by the defamer.
An important difference between detraction and calumny is at once apparent. The calumniator says what he knows to be false, whilst the detractor narrates what he at least honestly thinks is true.
Gravity
According to J. Delaney of Catholic Encyclopedia, "Detraction in a general sense is a mortal sin, as being a violation of the virtue not only of charity but also of justice. It is obvious, however, that the subject-matter of the accusation may be so inconspicuous or, everything considered, so little capable of doing serious hurt that the guilt is not assumed to be more than venial. The same judgment is to be given when, as not unfrequently happens, there has been little or no advertence to the harm that is being done."
As in the case of stealing, detraction is a sin which demands restitution, even though rebuilding a victim's reputation may be nearly impossible. A commonly cited parable in this regard concerns a priest, often said to be Philip Neri, who gave a woman who had confessed to spreading gossip the penance of retrieving feathers that had been scattered on the wind—a task as impossible as undoing the damage she had done.
Controversies involving detraction
Some have thought Catholics need to guard better against the sin of detraction than they are currently. In 2011, Se;n Patrick O'Malleywas accused of risking possible detraction when he published a list of names of accused abusers among the clergy before their canonical cases were completed. Pope Francis accused other Catholics of detraction when they criticized his appointment of Juan Barros Madrid.
On the other side of this issue, the counting of detraction as a sin has been criticized as "a kind of spiritual blackmail" when used to silence victims of abuse. The Roman Catholic Diocese of Lincoln specifically cited detraction among other reasons why it would not participate in the study leading to the John Jay Report. Concern about the sin of detraction was singled out as a contributing problem in the Murphy Report, which concluded:
Many of the failures to report appalling behaviour by clergy may well be attributable to a wish to avoid committing the sin of detraction.
Lashon hara
Halakhic term for derogatory speech
The related terms "hotzaat shem ra"/"hotzaat diba", "motzi shem ra",and "rekhilut" all redirect here.
Lashon hara (or loshon horo, or loshon hora) (Hebrew: ;;;; ;;;; "evil tongue") is the halakhic term for speech about a person or persons that is negative or harmful to them, even though it is true. It is speech that damages the person(s) who is talked about either emotionally or financially, or lowers them in the estimation of others.
"No lashon hara" sign in the Mea Shearim quarter of Jerusalem
Lashon hara differs from the more severe prohibition of hotzaat shem ra, "making a bad name," in that hotzaat shem ra consists of untrue statements.
Lashon hara is considered to be a very serious sin in the Jewish tradition. The communicator of lashon hara (which is included in rechilut) violates the Torah prohibition of lo telech rachil b'ameicha, translating to "thou shalt not go up and down as a talebearer among thy people" (Leviticus 19:16 KJV).
Definition
Speech is considered to be lashon hara(detraction) if it says something negative about a person or party, is not seriously intended to correct or improve a negative situation, and is true. Statements that fit this description are considered to be lashon hara, regardless of the method of communication that is used, whether it is through face-to-face conversation, a letter, telephone, or email, or even body language.
By contrast, hotzaat shem ra ("spreading a bad name") – also called hotzaat diba or motzi shem ra (lit. "putting out a bad name") – consists of lies, and is best translated as "slander" or "defamation" (calumny). Hotzaat shem ra is an even graver sin than lashon hara.
The act of gossiping is called rechilut, and is also forbidden by halakha.
Etymology
The phrase consists of the noun lashon("tongue"), the definite article ha, and the adjective ra ("evil"). The Hebrew noun lashonmeans "tongue" and – as in many languages – "speech" or "language". The phrase is generally translated as "evil speech". The term corresponds to the idea of an "evil tongue" in other cultures, such as the Latin mala lingua, the French mauvaise langue, and the Spanish mala lengua.
Sources
Advertisement on a bus saying "Lashon hara doesn't speak to me!" in Hebrew
The term lashon hara is not mentioned in the Tanakh, but "keep thy tongue from evil" (;;;;; ;;;;;;;;;; ;;;;;) occurs in Psalm 34:14. The Torahcontains a general injunction against rekhilut(gossip): "Thou shalt not go up and down as a talebearer among thy people; neither shalt thou stand idly by the blood of thy neighbour: I am the Lord." The Biblical curse on one who "strikes his fellow in secret" is understood by the rabbis to refer to lashon hara, as it is a form of harming a person without their knowledge.
The Talmud lists lashon hara as one of the causes of the Biblical malady of tzaraath.Elsewhere, it declares that habitual speakers of lashon hara are not tolerated in God's presence. Similar strong denouncements can be found in various places in Jewish literature.
In Numbers chapter 12, Miriam gossips with her brother Aaron, questioning why Moses is more qualified to lead the Jewish people than anyone else. God hears and strikes her down with tzaraath. Miriam had to stay outside of the camp for a week due to the tzaraath. During this time, all of Israel waited for her.
Chofetz Chaim
Rabbi Yisrael Meir Kagan wrote two major halakhic works on the evil tongue: Chofetz Chaim ("Desirer of Life", Psalms 34:13–14) and Shmirat HaLashon ("Guarding the tongue"), both 1873. The Chafetz Chaim lists 31 speech-related commandments mentioned in the Torah. An English adaptation, Guard Your Tongue (2002), anthologizes the teachings of these two books.
Baalei lashon hara
The expression baalei lashon hara literally means "masters of evil tongue", and it refers to habitual speakers of lashon hara. The serious prohibition of communicating lashon harahrelates foremost to somebody who incidentally did so. Someone who makes it his habit to talk lashon harah about others ("did you hear ...", "do you already know ...", etc.) is called a ba'al lashon hara. By repeatedly communicating so, lashon hara became an integral part of this person, and his/her sins are far more severe, because this person regularly creates a chillul hashem, a "desecration of the name of HaShem" (Leviticus 22:32). Lashon hara, rechilut and motzi shem ra are not accepted social tools in Judaism, because such behavior cuts the person who does in this manner off from many good things in the world around them. It is often phrased that one should stay away from people who communicate lashon hara, because any day, one will almost certainly become an object of derogatory communication by the same people.
Exceptions
Reporting abuse, especially if the abuse is illegal, is not Lashon hara, regardless of hashkafa.
There are times when a person is permitted or even required to disclose information whether or not the information is disparaging. For instance, if a person's intent in sharing negative information is for a to'elet, a positive, constructive, and beneficial purpose that may serve as a warning to prevent harm or injustice, the prohibition against lashon haradoes not apply. Hotzaat shem ra, spouting lies and spreading disinformation, is always prohibited. It is important to note that even with positive intentions, there are many important limitations regarding when it is permitted to speak lashon hara.[citation needed]
United States free speech exceptions
Categories of free speech not protected by the First Amendment
In the United States, some categories of speech are not protected by the First Amendment. According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech.
The Bill of Rights in the National Archives
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false statements of fact, and commercial speech such as advertising. Defamation that causes harm to reputation is a tort and also a category which is not protected as free speech.
Hate speech is not a general exception to First Amendment protection. Per Wisconsin v. Mitchell, hate crime sentence enhancements do not violate First Amendment protections because they do not criminalize speech itself, but rather use speech as evidence of motivation, which is constitutionally permissible.
Along with communicative restrictions, less protection is afforded to uninhibited speech when the government acts as subsidizer or speaker, is an employer, controls education, or regulates the mail, airwaves, legal bar, military, prisons, and immigration.
Incitement
Main articles: Incitement, Sedition Act of 1918, Abrams v. United States, and Smith Act
The Supreme Court has held that "advocacy of the use of force" is unprotected when it is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action".
In the early 20th century, incitement was determined by the "clear and present danger" standard established in Schenck v. United States (1919), in which Justice Oliver Wendell Holmes Jr. observed: "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
In Brandenburg v. Ohio (1969), this was narrowed to an "imminent lawless action" standard, with the Supreme Court unanimously reversing the conviction of a Ku Klux Klan group for "advocating ... violence ... as a means of accomplishing political reform" because their statements at a rally did not express an immediate, or imminent intent, to do violence. This decision overruled Schenck v. United States (1919), which held that a "clear and present danger" could justify a law limiting speech. The primary distinction is that the latter test does not criminalize "mere advocacy".
Incitement to suicide
In 2017, a juvenile court in Massachusetts ruled that repeatedly encouraging someone to commit suicide was not protected by the First Amendment, and found a 20-year-old woman, who was 17 at the time of the offense, guilty of manslaughter on this basis. The judge cited a little-known 1816 precedent.On February 6, 2019, the Massachusetts Supreme Judicial Court ruled that the defendant acted with criminal intent, so her involuntary manslaughter conviction was ordered to stand. The United States Supreme Court declined to hear the case in January 2020, leaving in place the Massachusetts Supreme Court conviction.
False statements of fact
Main articles: False statements of fact, False light, Fraud § United States, Making false statements, Perjury, and United States defamation law
See also: Privacy laws of the United States, Academic dishonesty, Varsity Blues scandal, Scientific misconduct, Data fabrication, and Data dredging
In the defamation case Gertz v. Robert Welch, Inc. (1974), the Supreme Court said that there is "no constitutional value in false statements of fact". However, this is not a concrete rule as the Court has struggled with how much of the "speech that matters" can be put at risk in order to punish a falsehood.
The Supreme Court has established a complex framework for determining which types of false statements are unprotected. There are four such areas which the Court has been explicit about. First, false statements of factthat are said with a "sufficiently culpable mental state" can be subject to civil or criminal liability. Second, knowingly making a false statement of fact can sometimes be punished. Libel and slander laws fall under this category. Third, negligently false statements of fact may lead to civil liability in some instances.Lastly, some implicit statements of fact—those that have a "false factual connotation"—can also fall under this exception.
There is also a fifth category of analysis. It is possible that some completely false statements could be entirely free from punishment. The Supreme Court held in the landmark case New York Times v. Sullivan(1964) that lies about the government may be protected completely. However, this category is not entirely clear, as the question of whether false historical or medical claims are protected is still disputed.
In addition, false statements made under penalty of perjury are subject to legal sanctions if they are judged to be material.
The 1988 decision in Riley v. National Federation of the Blind of North Carolinastruck down a license requirement and limits on fundraising fees for telemarketers as unconstitutional and not narrowly tailored enough to survive First Amendment scrutiny. The 2002 decision Illinois ex rel. Madigan v. Telemarketing Assoc., Inc. upheld an Illinois telemarketing anti-fraud law against claims that it was a form of prior restraint, affirming consumer protection against misrepresentation was a valid government interest justifying a free speech exception for false claims made in that context.
The 2012 decision United States v. Alvarezstruck down part of the Stolen Valor Act of 2005, which prohibited false claims that a person received a military medal.
Commercial speech
Main articles: Commercial speech, False advertising § United States, Personality rights § United States, and United States tort law
See also: Central Hudson Gas & Electric Corp. v. Public Service Commission, Duty of care, Illegal agreement, Misrepresentation, Omission (law), Privacy laws of the United States, Professional liability insurance, and Errors and omissions excepted
Commercial speech occupies a unique role as a free speech exception. While there is no complete exception, legal advocates recognize it as having "diminished protection". For example, false advertising can be punished and misleading advertising may be prohibited.
Commercial advertising may be restricted in ways that other speech can't if a substantialgovernmental interest is advanced, and such restriction supports that interest as well as not being overly broad.
This doctrine of limited protection for advertisements is due to a balancing inherent in the policy explanations for the rule, namely that other types of speech (for example, political) are much more important. In J.C. Penney Corporation vs Cynthia Spann, Cynthia Spann argued that J.C. Penney used false advertising on their sales. Spann won the case.
Speech owned by others
Main articles: Copyright Clause, Copyright law of the United States, United States patent law, and United States trademark law
See also: Breach of confidence, Confidentiality, Copyright infringement, Copyright status of works by the federal government of the United States, Copyright status of works by subnational governments of the United States, Edict of government, Intellectual property, Non-disclosure agreement, Plagiarism, Public domain in the United States, Trade secret, and Trademark
Another class of permissible restrictions on speech is based on intellectual property rights. Both copyrights and trade secrets fall under this exception. The Supreme Court first upheld this in Harper & Row v. Nation Enterprises (1985), where copyright law was defended against a First Amendment free speech challenge. Also, broadcasting rights to air television and radio shows are not an infringement of free speech rights. The Court has upheld such restrictions as an incentive for artists in the "speech marketplace".
Counterfeit currency
Laws against counterfeit United States currency, and even some photographic and artistic reproductions which could not be feasibly passed off as real currency, have been consistently upheld. Article I, Section 8 of the U.S. Constitution gives Congress the power to "provide for the Punishment of counterfeiting the Securities and current Coin of the United States".
Relevant cases include:
* J. S. G. Boggs, an artist using obviously fake renderings of currency to purchase goods
* William Michael Harnett, an artist stopped from painting early currency by the Secret Service in 1886
* Wagner v. Simon (1974), which considered an obviously fake $30 bill with Richard Nixon
* Regan v. Time, Inc. (1984), which considered a Sports Illustrated cover photo that included a basketball hoop stuffed with $100 bills
Fighting words
Main article: Fighting words
A Westboro Baptist Church protest was the subject of an "offensive speech" Supreme Court case in Snyder v. Phelps (2010)
In Chaplinsky v. New Hampshire (1942), the Supreme Court held that speech is unprotected if it constitutes "fighting words". Fighting words, as defined by the Court, is speech that "tend[s] to incite an immediate breach of the peace" by provoking a fight, so long as it is a "personally abusive [word] which, when addressed to the ordinary citizen, is, as a matter of common knowledge, inherently likely to provoke a violent reaction". Additionally, such speech must be "directed to the person of the hearer" and is "thus likely to be seen as a 'direct personal insult'".
"True threats of violence" that are directed at a person or group of persons that have the intent of placing the target at risk of bodily harm or death are generally unprotected.However, there are several exceptions. For example, the Supreme Court has held that "threats may not be punished if a reasonable person would understand them as obvious hyperbole", he writes. Additionally, threats of "social ostracism" and of "politically motivated boycotts" are constitutionally protected.
Threatening the president of the United States
Main article: Threatening the president of the United States
Under Title 18 Section 871 of the United States Code it is illegal to knowingly and willfully make "any threat to take the life of, to kidnap, or to inflict bodily harm upon the president of the United States." This also applies to any "President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect." This law is distinct from other forms of true threats because the threatener does not need to have the actual capability to carry out the threat; thus, for example, a person in prison could be charged.
Restrictions based on special capacity of government
As employer
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is notmade pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; and the damage inflicted on the government by the speech does not outweigh the value of the speech to the employee and the public.Specifically, speech is "treated as a matter of public concern" by reference to the "content, form, and context of a given statement".The exception with regards to balancing the harm of a statement and the value of the statement (the Pickering test) is done by considering the degree to which the speech either interferes with close working relationships, disrupts the office, or even has the potential to do either.
As regulator of the communications industry
Main articles: Communications in the United States, Telecommunications policy of the United States, and Commerce Clause
See also: Federal Communications Commission; National Broadcasting Co. v. United States; United States v. Southwestern Cable Co.; Red Lion Broadcasting Co. v. FCC; CBS, Inc. v. Federal Communications Commission; and Turner Broadcasting System, Inc. v. FCC
Further information: Radio Act of 1927, Federal Radio Commission, Equal-time rule, Mayflower doctrine, FCC fairness doctrine, Zapple doctrine, and Regulation of radio broadcast in the United States
Regulation of speech on broadcast radio and television are permissible when they are narrowly tailored and further a substantial government interest. Interests that have been found "substantial" include shielding listeners from supposedly offensive ideas and shielding children from offensive expression. The Supreme Court has limited these rules to traditional broadcasting, refusing an attempt to apply this to the internet.
News and privacy
See also: Privacy laws of the United States, Reporter's privilege, Shield laws in the United States, Source protection, Branzburg v. Hayes, Intrusion on seclusion, and Cohen v. Cowles Media Co.
Obscenity
Main article: United States obscenity law
See also: Overbreadth doctrine; Miller v. California(1973); FCC v. Pacifica Foundation (1978); FCC v. Fox Television Stations, Inc. (2009); FCC v. Fox Television Stations, Inc. (2012); and The Howard Stern Show FCC fines
Under the Miller test, speech is unprotected if "the average person, applying contemporary community standards, would find that the [subject or work in question], taken as a whole, appeals to the prurient interest", "the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law" and "the work, taken as a whole, lacks serious literary, artistic, political, or scientific value". Some subsidiary components of this rule may permit private possession of obscene materials at one's home. Additionally, the phrase "appeals to the prurient interest" is limited to appeals to a "shameful or morbid interest in sex".
The Court has also held that a person may only be punished if he knows the actual "contents of the material". In Smith v. California (1959), the Supreme Court thus gave a defense of "reasonable ignorance" to an obscenity charge. The rationale for this exception is that justices have believed that obscenity has a "tendency to exert a corrupting and debasing impact leading to antisocial behavior".
Pornography
Main articles: Child pornography laws in the United States and Pornography in the United States
See also: Sable Communications of California v. FCC, Reno v. American Civil Liberties Union, Revenge porn, Breach of confidence, Personality rights § United States, and United States tort law
The exception for child pornography is distinct from the obscenity exception in a few ways. First, the rule is much more specific to what falls under the exception. Second, it is irrelevant whether any part of the speech meets the Miller test; if it is classified under the child pornography exception at all, it becomes unprotected. The rule provides that speech is unprotected if it "visually depicts" children below the age of majorityand "performing sexual acts or lewdly exhibiting their genitals". In contrast to the rules for simple obscenity, private possession of child pornography "may be outlawed".
While this exception is very concrete, it is also limited. It does not apply to pornography that people think is harmful when shown to children, or pornography that urges viewers to harm children.
As educator
Main article: Freedom of speech in schools in the United States
When the Government acts as a kindergarten through twelfth grade educator, they are allowed to restrict student speech in certain instances. The Supreme Court ruled in Tinker v. Des Moines School Dist. (1969) that restriction is permissible only when speech "materially and substantially interferes with the requirements of appropriate discipline in the operation of the school". Later court decisions added more situations where restrictions were possible, including student speech about drugs, "vulgar and offensive" language, and school-operated newspapers. The primary basis for the educator-distinction is the concept of in loco parentis, the principle that the school functions in lieu of the students' parents, and thus has broader discretion in limiting students' speech and expression.
As subsidizer or speaker
Main articles: Government speech and Public broadcasting in the United States
See also: Public Broadcasting Act of 1967, State media, U.S. Agency for Global Media, and Voice of America
The most complex special capacity of the government is when it functions, in one way or another, as the subsidizer of the speech in question. As a general rule, the government can itself say whatever it wants to, even if this "favors one viewpoint over another". If the government is using the speakers to express its own message, it is constitutional. This analysis can change if the government is trying to encourage a "diversity of private views indiscriminately". If it is indiscriminate, then under Legal Services Corp. v. Velazquez(2001), the government must be acting in a viewpoint-neutral way. However, if the government is basing some judgment of "quality" on the views, then only "invidious viewpoint discrimination" is barred.
The government may not impose conditions on how subsidy recipients spend money they get from other sources.
As regulator of the bar and legal proceedings
Main articles: Attorney–client privilege, Breach of confidence, and Confidentiality
See also: Ohralik v. Ohio State Bar Assn. and Privacy laws of the United States
The basic principle behind government's regulation of the bar has greater power to regulate the speech of lawyers. A balancing test is employed when the Court considers attorney speech. This test weighs "the State's legitimate interest in regulating the activity in question [with] the interests of the attorney". Thus, while commercial advertising by lawyers is generally protected, rules of professional conduct and ethical guidelines are still permitted.
Laws of evidence
Main articles: Evidence (law), Privilege (evidence), and Fourth Amendment to the United States Constitution
See also: Bank secrecy, Banker–client privilege, Financial privacy laws in the United States, Non-disclosure agreement, Physician–patient privilege, and Spousal privilege
Right to a fair trial
Main article: Right to a fair trial
See also: Sixth Amendment to the United States Constitution, Estes v. Texas, Sheppard v. Maxwell, Nebraska Press Association v. Stuart, and Prior restraint
As controller and operator of the military
Main articles: Classified information in the United States, Military censorship, and Prior restraint
See also: New York Times Co. v. United States and Freedom of Information Act
With respect to the United States Military, the federal government has extremely broad power to restrict the speech of military officers, even if such a restriction would be invalid with a civilian. The Supreme Court affirmed this principle in the closely determined 5 to 3 decision, Parker v. Levy(1974), when the Court held the military was essentially a "specialized society from civilian society", which necessitated stricter guidelines. Justice William O. Douglas, writing the dissent, argued that "Uttering one's belief is sacrosanct under the First Amendment."
Since Parker, there have been few cases to issue more specific limits on the government's control of military expression.
As prison warden
When the government acts as controller of prisons, it has broad abilities to limit the free speech of inmates. Essentially any restriction that is "reasonably related to legitimate penological interests" is valid. This broad power also extends to pretrial detainees and even convicts who are on probation or parole. The only limit recognized by the Court is that the prison must provide an "alternate means of exercising that right" of speech, an alternate channel, that still allows legitimate speech to be expressed.
As regulator of immigration
The government may not criminally punish immigrants based on speech that would be protected if said by a citizen. On entry across borders, the government may bar non-citizens from the United States based on their speech, even if that speech would have been protected if said by a citizen. Speech rules as to deportation, on the other hand, are unclear. Lower courts are divided on the question, while the leading cases on the subject are from the Red Scare.
See also
* Freedom of the press in the United States § Historical constraints on press freedom
* Gag orders in the United States
* Prior restraint
* Virginia v. Black
* List of landmark Supreme Court free speech cases
* Privacy laws of the United States
Privacy laws of the United States
Add article description
Privacy laws of the United Statesdeal with several different legalconcepts. One is the invasion of privacy, a tortbased in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into their private affairs, discloses their private information, publicizes them in a false light, or appropriates their name for personal gain.
Privacy International 2007 privacy ranking
Consistently upholds human rights standards
Significant protections and safeguards
Adequate safeguards against abuse
Some safeguards but weakened protections
Systemic failure to uphold safeguards
Extensive surveillance societies
Endemic surveillance societies
The essence of the law derives from a right to privacy, defined broadly as "the right to be let alone". It usually excludes personal matters or activities which may reasonably be of public interest, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity violating the right. These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court of the United States as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing.
Attempts to improve consumer privacy protections in the U.S. in the wake of the 2017 Equifax data breach, which affected 145.5 million U.S. consumers, failed to pass in Congress.
Right to privacy
Early years
The early years in the development of privacy rights began with English common law, protecting "only the physical interference of life and property". The Castle doctrine analogizes a person's home to their castle – a site that is private and should not be accessible without permission of the owner. The development of tort remedies by the common law is "one of the most significant chapters in the history of privacy law".Those rights expanded to include a "recognition of man's spiritual nature, of his feelings and his intellect." Eventually, the scope of those rights broadened even further to include a basic "right to be let alone," and the former definition of "property" would then comprise "every form of possession – intangible, as well as tangible." By the late 19th century, interest in privacy grew as a result of the growth of print media, especially newspapers.
Between 1850 and 1890, U.S. newspaper circulation grew by 1,000 percent – from 100 papers with 800,000 readers to 900 papers with more than 8 million readers. In addition, newspaper journalism became more sensationalized, and was termed yellow journalism. The growth of industrialism led to rapid advances in technology, including the handheld camera, as opposed to earlier studio cameras, which were much heavier and larger. In 1884, Eastman Kodak company introduced their Kodak Brownie, and it became a mass market camera by 1901, cheap enough for the general public. This allowed people and journalists to take candid snapshots in public places for the first time.
Privacy was dealt with at the state level. For example, Pavesich v. New England Life Insurance Company (in 1905) was one of the first specific endorsements of the right to privacy as derived from natural law in US law. Judith Wagner DeCew stated, "Pavesich was the first case to recognize privacy as a right in tort law by invoking natural law, common law, and constitutional values."
Samuel D. Warren and Louis D. Brandeis, partners in a new law firm, feared that this new small camera technology would be used by the "sensationalistic press." Seeing this becoming a likely challenge to individual privacy rights, they wrote the "pathbreaking" Harvard Law Review article in 1890, "The Right to Privacy". According to legal scholar Roscoe Pound, the article did "nothing less than add a chapter to our law", and in 1966 legal textbook author, Harry Kalven, hailed it as the "most influential law review article of all". In the Supreme Court case of Kyllo v. United States, 533 U.S. 27 (2001), the article was cited by a majority of justices, both those concurring and those dissenting.
Brandeis and Warren article
The development of the doctrine regarding the tort of "invasion of privacy" was largely spurred by the Warren and Brandeis article, "The Right to Privacy". In it, they explain why they wrote the article in its introduction: "Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the demands of society". More specifically, they also shift their focus on newspapers:
The press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry as well as effrontery. To satisfy a prurient taste the details of sexual relations are spread broadcast in the columns of the daily papers. ... The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from the world, and man, under the refining influence of culture, has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury.
They then clarify their goals: "It is our purpose to consider whether the existing law affords a principle which can properly be invoked to protect the privacy of the individual; and, if it does, what the nature and extent of such protection is".
Warren and Brandeis write that privacy rights should protect both businesses and private individuals. They describe rights in trade secrets and unpublished literary materials, regardless whether those rights are invaded intentionally or unintentionally, and without regard to any value they may have. For private individuals, they try to define how to protect "thoughts, sentiments, and emotions, expressed through the medium of writing or of the arts". They describe such things as personal diaries and letters needing protection, and how that should be done: "Thus, the courts, in searching for some principle upon which the publication of private letters could be enjoined, naturally came upon the ideas of a breach of confidence, and of an implied contract". They also define this as a breach of trust, where a person has trusted that another will not publish their personal writings, photographs, or artwork, without their permission, including any "facts relating to his private life, which he has seen fit to keep private". And recognizing that technological advances will become more relevant, they write: "Now that modern devices afford abundant opportunities for the perpetration of such wrongs without any participation by the injured party, the protection granted by the law must be placed upon a broader foundation".
There have been many laws related to privacy and data protection in recent years that have been enforced as a result of the rapid technological advancements. However, critics and scholars have argued that these guidelines are usually focused on legal factors, rather than technical details, which make it difficult for engineers and developers to ensure that new designs meet the guidelines stated in privacy laws.
Modern tort law
In the United States,"invasion of privacy" is a commonly used cause of action in legal pleadings. Modern tort law, as first categorized by William Prosser, includes four categories of invasion of privacy:
* Intrusion of solitude: physical or electronic intrusion into one's private quarters
* Public disclosure of private facts: the dissemination of truthful private information which a reasonable person would find objectionable
* False light: the publication of facts which place a person in a false light, even though the facts themselves may not be defamatory
* Appropriation: the unauthorized use of a person's name or likeness to obtain some benefits
Intrusion of solitude and seclusion
Main articles: Expectation of privacy (United States)and Intrusion on seclusion
See also: Third Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, and Cohen v. Cowles Media Co.
Intrusion of solitude occurs where one person intrudes upon the private affairs of another. In a famous case from 1944, author Marjorie Kinnan Rawlings was sued by Zelma Cason, who was portrayed as a character in Rawlings' acclaimed memoir, Cross Creek. The Florida Supreme Court held that a cause of action for invasion of privacy was supported by the facts of the case, but in a later proceeding found that there were no actual damages.
Intrusion upon seclusion occurs when a perpetrator intentionally intrudes, physically, electronically, or otherwise, upon the private space, solitude, or seclusion of a person, or the private affairs or concerns of a person, by use of the perpetrator's physical senses or by electronic device or devices to oversee or overhear the person's private affairs, or by some other form of investigation, examination, or observation intrude upon a person's private matters if the intrusion would be highly offensive to a reasonable person. Hacking into someone else's computer is a type of intrusion upon privacy, as is secretly viewing or recording private information by still or video camera. In determining whether intrusion has occurred, one of three main considerations may be involved: expectation of privacy; whether there was an intrusion, invitation, or exceedance of invitation; or deception, misrepresentation, or fraud to gain admission. Intrusion is "an information-gathering, not a publication, tort ... legal wrong occurs at the time of the intrusion. No publication is necessary".
Restrictions against the invasion of privacy encompasses journalists as well:
The First Amendment has never been construed to accord newsmen immunity from torts or crimes committed during the course of newsgathering. The First Amendment is not a license to trespass, to steal, or to intrude by electronic means into the precincts of another's home or office.
Public disclosure of private facts
Main articles: Breach of confidence, Confidentiality, and Privilege (evidence)
See also: Attorney–client privilege, Banker–client privilege, Breach of confidence in English law, Confessional privilege (United States), Copyright Clause, Financial privacy laws in the United States, Misuse of private information, Non-disclosure agreement, Physician–patient privilege, Priest–penitent privilege, Reporter's privilege, Shield laws in the United States, Source protection, Spousal privilege, Trade secret, and United States patent law
Public disclosure of private facts arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person. "Unlike libel or slander, truth is not a defense for invasion of privacy." Disclosure of private facts includes publishing or widespread dissemination of little-known, private facts that are non-newsworthy, not part of public records, public proceedings, not of public interest, and would be offensive to a reasonable person if made public.
False light
Main article: False light
False light is a legal term that refers to a tortconcerning privacy that is similar to the tort of defamation. For example, the privacy laws in the United States include a non-public person's right to privacy from publicity which creates an untrue or misleading impression about them. A non-public person's right to privacy from publicity is balanced against the First Amendment right of free speech.
False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being". If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.
The specific elements of the Tort of false light vary considerably even among those jurisdictions which do recognize this tort. Generally, these elements consist of the following:
* A publication by the defendant about the plaintiff;
* Made with actual malice (very similar to that type required by New York Times v. Sullivanin defamation cases);
* Places the plaintiff in a false light; and
* Highly offensive (i.e., embarrassing to reasonable persons)
Thus in general, the doctrine of false light holds:
One who gives publicity to a matter concerning another before the public in a false light is subject to liability to the other for invasion of privacy, if (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in a reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
For this wrong, money damages may be recovered from the first person by the other.
At first glance, this may appear to be similar to defamation (libel and slander), but the basis for the harm is different, and the remedy is different in two respects. First, unlike libel and slander, no showing of actual harm or damage to the plaintiff is usually required in false light cases, and the court will determine the amount of damages. Second, being a violation of a Constitutional right of privacy, there may be no applicable statute of limitations in some jurisdictions specifying a time limit within which period a claim must be filed.
Consequently, although it is infrequently invoked, in some cases false light may be a more attractive cause of action for plaintiffs than libel or slander, because the burden of proof may be less onerous.
What does "publicity" mean? A newspaper of general circulation (or comparable breadth) or as few as 3–5 people who know the person harmed? Neither defamation nor false light has ever required everyone in society be informed by a harmful act, but the scope of "publicity" is variable. In some jurisdictions, publicity "means that the matter is made public, by communicating it to the public at large, or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge."
Moreover, the standards of behavior governing employees of government institutions subject to a state or national Administrative Procedure Act (as in the United States) are often more demanding than those governing employees of private or business institutions like newspapers. A person acting in an official capacity for a government agency may find that their statements are not indemnified by the principle of agency, leaving them personally liable for any damages.
Example: If someone's reputation was portrayed in a false light during a personnel performance evaluation in a government agency or public university, one might be wronged if only a small number initially learned of it, or if adverse recommendations were made to only a few superiors (by a peer committee to department chair, dean, dean's advisory committee, provost, president, etc.). Settled cases suggest false light may not be effective in private school personnel cases,but they may be distinguishable from cases arising in public institutions.
Appropriation of name or likeness
Main article: Personality rights § United States
Although privacy is often a common-law tort, most states have enacted statutes that prohibit the use of a person's name or image if used without consent for the commercial benefit of another person.
Appropriation of name or likeness occurs when a person uses the name or likeness of another person for personal gain or commercial advantage. Action for misappropriation of right of publicity protects a person against loss caused by appropriation of personal likeness for commercial exploitation. A person's exclusive rights to control their name and likeness to prevent others from exploiting without permission is protected in similar manner to a trademark action with the person's likeness, rather than the trademark, being the subject of the protection.
Appropriation is the oldest recognized form of invasion of privacy involving the use of an individual's name, likeness, or identity without consent for purposes such as ads, fictional works, or products.
"The same action –appropriation – can violate either an individual's right of privacy or right of publicity. Conceptually, however, the two rights differ."
Privacy law legislation
Fair Credit Reporting Act
The Fair Credit Reporting Act became effective on April 25, 1971 and implemented limitations on the information that could be collected, stored, and utilized by agencies such as credit bureaus, tenant screenings, and health agencies. The law also defined the rights granted to individuals in regards to their financial information including the right to obtain a credit score; the right to know what information is in your financial file; the right to know when your information is being accessed and used; and the right to dispute any inaccurate or incorrect information.
Video Privacy Protection Act
The Video Privacy Protection Act of 1988 (VPPA) was signed into law by President Ronald Reagan to preserve the privacy of people's information collected when they rented, purchased, or delivered audio visual materials, and specifically videotapes. The law arose out of the Bork tapes controversy surrounding the Washington City Paper's publication of a list of films rented by Robert Bork, a politician who was running for a spot on the United States Supreme Court at the time. The law prohibits the disclosure of personal information collected by video tape service providers unless it falls under certain exceptions. The VPPA became a focus of attention in the legal industry once again around 2022. Its revival came as part of a larger trend in consumer class actions filed based on privacy law violations, both through new laws like the California Consumer Privacy Act and older laws like the VPPA and wiretapping statutes.
Health Insurance Portability and Accountability Act
Signed in law on August 21, 1996, Health Insurance Portability and Accountability Act(HIPAA) is a piece of legislation passed in the United States that limits the amount and types of information that can be collected and stored by healthcare providers. This includes limits on how that information can be obtained, stored, and released. HIPAA also developed data confidentiality requirements that are a part of "The Privacy Rule."
Gramm-Leach-Bliley Act
The Gramm-Leach-Bliley Act (GLA) is a federal law that was signed into effect on November 12, 1999. This act placed increased limits and requirements for data collection by financial institutions, as well as limited how that information could be collected and stored. It focused on requiring financial institutions to take specific measure to increase the safety and confidentiality of the information being collected. In addition to this, the law also put limitations on what type of data could be collected by financial institutions and how they could use that information. The act strives to protect NPI, or nonpublic personal information, which is any information that is collected regarding an individual's finances that is not otherwise publicly available.
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act(COPPA), passed on April 21, 2000, is a federal law in the United States that puts severe restrictions on what data companies can collect, share, or sell about children who are under the age of 13. A core provision under COPPA is that a website operator must "obtain verifiable parental consent before any collection, use, or disclosure of personal information from children."
Constitutional basis for right to privacy
Federal
See also: Penumbra (law) and Privacy and the US government
Although the word "privacy" is actually never used in the text of the United States Constitution, there are Constitutional limits to the government's intrusion into individuals' right to privacy. This is true even when pursuing a public purpose such as exercising police powers or passing legislation. The Constitution, however, only protects against state actors. Invasions of privacy by individuals can only be remedied under previous court decisions.
The First Amendment protects the right to free assembly, broadening privacy rights. The Fourth Amendment to the Constitution of the United States ensures that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Fourth Amendment was the Framers' attempt to protect each citizen's spiritual and intellectual integrity.[citation needed] A government that violates the Fourth Amendment in order to use evidence against a citizen is also violating the Fifth Amendment. The Ninth Amendmentdeclares that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Supreme Court has interpreted the Fourteenth Amendment as providing a substantive due process right to privacy. This was first affirmed by several Supreme Court Justices in Griswold v. Connecticut, a 1965 decision protecting a married couple's rights to contraception. In Roe v. Wade (1973), the Supreme Court invoked a "right to privacy" as creating a right to an abortion, sparking a lasting nationwide debate on the meaning of the term "right to privacy". In Lawrence v. Texas (2003), the Supreme Court invoked the right to privacy regarding the sexual practices of same-sex couples. However, due to Dobbs v. Jackson Women's Health Organization(2022) breaking many precedents set by Griswold and Roe, the privacy interpretations brought about specifically by these cases are currently of ambiguous legal force.[citation needed]
State
Alaska
On August 22, 1972 the Alaska Right of Privacy Amendment, Amendment 3, was approved with 86% of the vote in support of the legislatively referred constitutional amendment. Article I, Section 22 of Alaska's constitution states, "The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section."
California
See also: California Consumer Privacy Act and California Privacy Rights Act
The California Constitution articulates privacy as an inalienable right.
CA SB 1386 expands on privacy law and guarantees that if a company exposes a Californian's sensitive information this exposure must be reported to the citizen. This law has inspired many states to come up with similar measures.
California's "Shine the Light" law (SB 27, CA Civil Code § 1798.83), operative on January 1, 2005, outlines specific rules regarding how and when a business must disclose use of a customer's personal information and imposes civil damages for violation of the law.
California's Reader Privacy Act was passed into law in 2011. The law prohibits a commercial provider of a book service, as defined, from disclosing, or being compelled to disclose, any personal information relating to a user of the book service, subject to certain exceptions. The bill would require a provider to disclose personal information of a user only if a court order has been issued, as specified, and certain other conditions have been satisfied. The bill would impose civil penalties on a provider of a book service for knowingly disclosing a user's personal information to a government entity in violation of these provisions. This law is applicable to electronic books in addition to print books.
The California Privacy Rights Act created the California Privacy Protection Agency, the first data protection agency in the United States.
Florida
Main article: Constitution of Florida § Right to privacy
Article I, §23 of the Florida Constitution states that "Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law."
Montana
Article 2, §10 of the Montana Constitutionstates that "The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest".
Washington
Article 1, §7 of the Washington Constitutionstates that "No person shall be disturbed in his private affairs, or his home invaded, without authority of law".
* Law enforcement are required to obtain a warrant before using IMSI-catchertechnology.
* Private individual's text messages are protected from warrantless searches.
State privacy laws
Main article: State privacy laws of the United States
The right to privacy is protected also by more than 600 laws in the states and by a dozen federal laws, like those protecting health and student information, also limiting electronic surveillance.
As of 2022 however, only five states had data privacy laws.
"Opt-out" requirements
Several of the US federal privacy laws have substantial "opt-out" requirements, requiring that the individual specifically opt-out of commercial dissemination of personally identifiable information (PII). In some cases, an entity wishing to "share" (disseminate) information is required to provide a notice, such as a GLBA notice or a HIPAA notice, requiring individuals to specifically opt-out.These "opt-out" requests may be executed either by use of forms provided by the entity collecting the data, with or without separate written requests.
Privacy of health-related information
Main article: Health Information Technology for Economic and Clinical Health Act
The Health Information Technology for Economic and Clinical Health Act (HITECH Act) is an important piece of legislation in the United States that relates to the privacy of health-related information. Enacted as part of the American Recovery and Reinvestment Act of 2009, the HITECH Act addresses the privacy and security concerns associated with the electronic transmission of health information.
See also
* Canadian privacy law
* Communications Assistance for Law Enforcement Act (CALEA)
* Expectation of privacy
* Financial privacy laws in the United States
* HTLINGUAL, a former CIA project to intercept mail destined for the Soviet Union and China.
* Mass surveillance in the United States
* U.S. government databases
* MAINWAY, an NSA database containing metadata for billions of calls made over the Verizon and AT&T networks.
* PRISM, an NSA program meant to collect online communication information.
* Olmstead v. United States
* United States Constitution
* Ninth Amendment to the United States Constitution
* Tenth Amendment to the United States Constitution
* United States free speech exceptions
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What is considered Lashon Hara (Gossip, Evil Tongue). When is Allowed
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CMXXii I Que Es La Verita Lashon hara
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