RodISHI
Platinum Member
- Nov 29, 2008
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They all apply dumbass. You can say whatever you want but there can be consequences for what you say. You don't get to call for war ("death to America") against the USA with some Middle Eastern hate mongering regime. I hope they fry his ass if that is what he has done.I did not say anything about "hang", "shoot", "drone strike" or "imprison" somebody for their speech.Calling for death to our nation is not covered by the first.
Bullshit.
Prove me wrong and quote where the Constitution says that.
Or perhaps you have SCOTUS interpretations that would apply. Roll 'em.
What types of speech are not protected by the First Amendment?
Although different scholars view unprotected speech in different ways, there are basically nine categories:
- Obscenity.
- Fighting
- Defamation (including libel and slander)
- Child pornography.
- Perjury.
- Blackmail.
- Incitement to imminent lawless action.
- True threats.
Nope, nothing there.
Once AGAIN you can't "hang", "shoot", "drone strike" or "imprison" somebody for their speech, even if it were in English and in context, thus spake the First Amendment and there's nothing you can do about that short of a Constitutional Convention. Because that Constitution specifically states that no such law may be passed. Period.
You may not have but several others did, starting with the OP right at the beginning. Read the thread.
There are several laws which can be applied to prosecute him for his acts against us. There is a history of convictions upheld by the Supreme Court. Apparently you are too lazy to look or do not want to know. Title 50 of the United States Code also outlines the role of War and National Defense in the United States Code. The Supreme Court invented the famous "clear and present danger" test to determine when a state could constitutionally limit an individual's free speech rights under the First Amendment.
The Smith Act made it unlawful to advocate or organize the destruction or overthrow of any government in the United States by force.
Dennis v. United States, 341 U.S. 494 1951. Convicted under provisions of the Smith Act for conspiring and organizing for the overthrow and destruction of the United States government by force and violence.
Schenck v. United States, 249 U.S. 47 1919. Upheld conviction with the Espionage Act for "inciting violent overthrow".
Frohwerk v. United States, 249 U.S. 204 1919. A newspaper man conviction with the Espionage Act "willful obstruction".
There is enough information out there online for the subject that you do not have to remain ignorant on the matter. Home - Supreme Court of the United States
You already cited you laundry list of SCOTUS scenaria and none of them apply here.
Your Smith Act met up with its deserved SCOTUS stop sign numerous times as unConstitutional. I'm referring to that Constitution, not abuses of it like the Smith Act and Sedition Acts and freaking blasphemy laws. The Constitution trumps 'em.
10 U.S. Code § 894 - Art. 94. Mutiny or sedition | US Law | LII / Legal ...
https://www.law.cornell.edu/uscode/text/10/894
with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence ...
[USC03] 18 USC Ch. 115: TREASON, SEDITION, AND SUBVERSIVE ...
uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition...
CHAPTER 115 —TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES. Sec. ... Section consolidates sections 1 and 2 of title 18 , U.S.C., 1940 ed. ..... Sections 34, 35, and 37 of title 50 , U.S.C., 1940 ed., War and National Defense, are also ...
U.S.C. Title 50 - WAR AND NATIONAL DEFENSE
https://www.gpo.gov/fdsys/pkg/USCODE-2011-title50/html/USCODE-2011-title50.htm
50 U.S.C.. United States Code, 2011 Edition Title 50 - WAR AND NATIONAL DEFENSE ..... 219, related to seditious or disloyal acts or words in time of war.
18 U.S.C. 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
https://www.gpo.gov/fdsys/.../USCODE...title18/USCODE-2010-title18-partI-chap115
Jan 7, 2011 - United States Code, 2006 Edition, Supplement 4, Title 18 - CRIMES AND CRIMINAL .... CHAPTER 50 - GAMBLING (sections 1081 - 1084).