Politics And Current Events

Shyster
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Politics And Current Events

Postby Shyster » Thu Jan 14, 2021 8:49 pm

There is a very high standard for incitement. Under Brandenberg v. Ohio, the government cannot punish inflammatory speech or incitement unless that speech was "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." This is a very high burden to meet, and to merit conviction, the lawlessness or violence advocated must be "intended, likely, and imminent." Convictions for incitement are very rare.

This, of course, doesn't matter to impeachment, because the Senate can vote however it wants.

Incidentally, talk about incitement or inflammatory speech often brings up the hoary old line about "shouting fire in a crowded theater." People hear that line all of the time, and I understand the confusion, but it's not the law and hasn't been for many decades. That line comes from the 1919 United States Supreme Court case of Schenck v. United States, which is honestly one of the worst First Amendment cases ever decided. Schenck involved one of the most loathsome laws in US history—the Sedition Act of 1918—which made it a crime to use "disloyal, profane, scurrilous, or abusive language" about the United States government, its flag, or its armed forces. The act was passed to basically shut up people who opposed WWI. Schenck was tried and convicted under the Sedition Act of the heinous crime of distributing anti-draft flyers to draft-age men urging them to not submit to being drafted, and the Supreme Court shamefully upheld the conviction and sentence. In doing so, Justice Oliver Wendell Holmes Jr., wrote, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. ... 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. It is a question of proximity and degree."

Schenck isn't good law for multiple reasons. First, Holmes himself would later repudiate the case, and he later became one of the Court's first real defenders of free speech. The author of that line disavowed it. Second, Schenck was one of the first modern cases on the First Amendment and preceded the bulk of caselaw on the subject, which really hit in the 1960s and 1970s. Schenck absolutely would have a different outcome now, and there is no chance that the Sedition Act would ever be upheld today. To the contrary, Mr. Schenck's actions today would be seen as 100% constitutional. Third, Schenck and its "clear and present danger" test was superseded more than 50 years ago by Brandenburg, which sets forth the modern rule for speech claimed to represent incitement or inflammatory speech. Anyone who brings up the "fire in a crowded theater" line doesn't know what they're talking about.

skullman80
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Politics And Current Events

Postby skullman80 » Thu Jan 14, 2021 8:53 pm

I always enjoy hearing an actual lawyer discuss law. It makes me feel dumb but it's still interesting.

Trip McNeely
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Politics And Current Events

Postby Trip McNeely » Thu Jan 14, 2021 8:56 pm

I always enjoy hearing an actual lawyer discuss law. It makes me feel dumb but it's still interesting.
Absolutely. I always like reading Shyster’s lawyerly stuff

Edit: and tif (not sure he’s lawyer but either way, it’s interesting)

willeyeam
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Politics And Current Events

Postby willeyeam » Thu Jan 14, 2021 9:26 pm

Is it though

PFiDC
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Politics And Current Events

Postby PFiDC » Thu Jan 14, 2021 9:33 pm

I always enjoy hearing an actual lawyer discuss law. It makes me feel dumb but it's still interesting.
Absolutely. I always like reading Shyster’s lawyerly stuff

Edit: and tif (not sure he’s lawyer but either way, it’s interesting)
And dodint

MalkinIsMyHomeboy
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Politics And Current Events

Postby MalkinIsMyHomeboy » Thu Jan 14, 2021 9:46 pm

and MIMH

oh thanks guys you shouldn’t have

meow
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Politics And Current Events

Postby meow » Thu Jan 14, 2021 10:22 pm

Shut up, weenie. You can’t even tell time.

Kaiser
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Politics And Current Events

Postby Kaiser » Thu Jan 14, 2021 10:27 pm

Shut up, weenie. You can’t even tell time.
So he's qualified to be a trump appointed judge?

Trip McNeely
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Politics And Current Events

Postby Trip McNeely » Thu Jan 14, 2021 11:15 pm

Buncha Uncle Jack Kellys on 5AF I see

MalkinIsMyHomeboy
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Politics And Current Events

Postby MalkinIsMyHomeboy » Fri Jan 15, 2021 12:00 am

Shut up, weenie. You can’t even tell time.
a wizard is never late. He arrives precisely when he means to

tifosi77
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Politics And Current Events

Postby tifosi77 » Fri Jan 15, 2021 12:05 am

No one's questioning that you meant to arrive at the time you did.

Gaucho
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Politics And Current Events

Postby Gaucho » Fri Jan 15, 2021 6:09 am


Troy Loney
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Politics And Current Events

Postby Troy Loney » Fri Jan 15, 2021 6:51 am

I wonder what the correlation is between being right-wing in a progressive industry and getting accused of sexual assault.

NTP66
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Politics And Current Events

Postby NTP66 » Fri Jan 15, 2021 7:09 am

@Morkle

Image

shafnutz05
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Politics And Current Events

Postby shafnutz05 » Fri Jan 15, 2021 7:19 am

I don't get most of freddy's political posts...
I think he was pointing out how absurd it is that a major newspaper (the Atlanta Journal Constitution) is encouraging people to wear pearls for Kamala and send in their photos.

eddy
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Politics And Current Events

Postby eddy » Fri Jan 15, 2021 7:20 am



Read this article. Who the **** wants unity with these animals. They should be in prison for the rest of their lives.

CBear3
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Politics And Current Events

Postby CBear3 » Fri Jan 15, 2021 7:21 am

They’ve arrested a dude who attended BLM rallies as well now (despite his website not being able to spell George correctly and being suspected as a plant at Seattle BLM rallies).
But there you go, out of ~100 arrests we’ve charged a non-Trumper so it’s obvious proof the whole thing was a setup.

Gaucho
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Politics And Current Events

Postby Gaucho » Fri Jan 15, 2021 7:23 am

Fascinating read


shafnutz05
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Politics And Current Events

Postby shafnutz05 » Fri Jan 15, 2021 7:24 am

Fascinating read

You always find good stuff like this... :thumb:

count2infinity
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Politics And Current Events

Postby count2infinity » Fri Jan 15, 2021 7:25 am

I don't get most of freddy's political posts...
I think he was pointing out how absurd it is that a major newspaper (the Atlanta Journal Constitution) is encouraging people to wear pearls for Kamala and send in their photos.
Ohhhh. I still don’t get it.

shafnutz05
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Location: A moron or a fascist...but not both.

Politics And Current Events

Postby shafnutz05 » Fri Jan 15, 2021 7:26 am

I don't get most of freddy's political posts...
I think he was pointing out how absurd it is that a major newspaper (the Atlanta Journal Constitution) is encouraging people to wear pearls for Kamala and send in their photos.
Ohhhh. I still don’t get it.
:lol:

Never a good look (imo) when major media outlets fangurl over politicians.

Gaucho
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Politics And Current Events

Postby Gaucho » Fri Jan 15, 2021 7:27 am

I don't get most of freddy's political posts...
I think he was pointing out how absurd it is that a major newspaper (the Atlanta Journal Constitution) is encouraging people to wear pearls for Kamala and send in their photos.
Ohhhh. I still don’t get it.
https://www.washingtonpost.com/outlook/ ... ck-pearls/

NTP66
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Politics And Current Events

Postby NTP66 » Fri Jan 15, 2021 7:33 am

They’ve arrested a dude who attended BLM rallies as well now (despite his website not being able to spell George correctly and being suspected as a plant at Seattle BLM rallies).
But there you go, out of ~100 arrests we’ve charged a non-Trumper so it’s obvious proof the whole thing was a setup.
Saw it trending on Twitter this morning, with everyone jumping in on the 'see, it was antifa!' train. :face:

NAN
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Politics And Current Events

Postby NAN » Fri Jan 15, 2021 8:20 am

According to Don Lemon I'm a Neo-Nazi Racist.

Troy Loney
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Politics And Current Events

Postby Troy Loney » Fri Jan 15, 2021 8:23 am

They’ve arrested a dude who attended BLM rallies as well now (despite his website not being able to spell George correctly and being suspected as a plant at Seattle BLM rallies).
But there you go, out of ~100 arrests we’ve charged a non-Trumper so it’s obvious proof the whole thing was a setup.
Saw it trending on Twitter this morning, with everyone jumping in on the 'see, it was antifa!' train. :face:
And this dude's brother is apparently in the proud boys, who was communicating with Rudy. Not sure what to think.

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