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View Diary: Now nutcase 'killing people' guy says he's 'assembled an army' (525 comments)

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  •  How is it... (10+ / 0-)

    that this guy hasn't been arrested yet.

    I sure hope we get to see his booking photograph. I hope it's a full length shot so we can see how he pissed his pants when they came to arrest him.

    Never attribute to malice that which can be adequately explained by stupidity.

    by reflectionsv37 on Thu Jan 10, 2013 at 05:57:29 PM PST

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    •  First Amendment (2+ / 0-)
      Recommended by:
      happy camper, chicagoblueohio

      That's another part of the Bill of Rights.

      The whole decade needs an asterisk.

      by James Kresnik on Fri Jan 11, 2013 at 02:12:45 AM PST

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      •  What about that exemption (2+ / 0-)
        Recommended by:
        SuWho, chicagoblueohio

        about yelling "fire" in a crowded theatre?

        "We are monkeys with money and guns". Tom Waits

        by northsylvania on Fri Jan 11, 2013 at 02:40:42 AM PST

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        •  He's on the Riverdance... (10+ / 0-)

          all over the Brandenburg Standard.

          Incitement is a related doctrine, allowing the government to prohibit advocacy of unlawful actions if the advocacy is both intended to and likely to cause immediate breach of the peace. The modern standard was defined in Brandenburg v. Ohio (1969), where the Court reversed the conviction of a Ku Klux Klan leader accused of advocating violence against racial minorities and the national government. The Ohio statute under which the conviction occurred was overturned as unconstitutional because "the mere abstract teaching of the moral propriety or even moral necessity for a resort to force and violence, is not the same as preparing a group for violent action and steeling it to such action."[4]
          "I'm Gonna Start Killing People" from his original video, coupled with "I've got an army" is right on the line of incitement.

          The only thing that keeps him on the legal, just barely although IANAL, side of the line is this

          Now, I don't condone anybody doing anything rash. I do not condone anybody committing any kind of felonies up to and including aggrivated assaults or murders. Unless its necessary.
          When exactly would committing a felony "be necessary"?  Having him explain what he's really talking about to the Secret Service and Capital Police, particularly in light of what seems to be an action plan and target list of Congressional Staff and their families from his facebook page would not be out of line.

          I think this guy is a shit-talker, he's not gonna do anything - but he's going to try and profit from those who just might try to do something like what he's describing.

          Vyan

      •  Does not protect criminal conspiracy (5+ / 0-)

        Talking to plan a major drug deal is not protected by the 1st Amendment. Neither is talking to plan an armed insurrection against the government, or to plan a massive violent attack against whoever. That's called "criminal conspiracy" (or even "treason" or "sedition") and it can put you in jail for a very long time -- especially if you do anything tangible (like buying weapons and ammo) that is part of the same plan and indicates you weren't just talking.

      •  And how would that apply (6+ / 0-)

        if the guy weren't a member of a "protected group"? (white male). You know perfectly well that any Muslim saying a fraction of this and actually possessing a gun or two would have been arrested long ago. In fact, most of the "Muslim terror plots" the government boasted bout breaking up were people who did/said about 1/100th of this.

        Is the First Amendment only for white males? And is threatening mass murder when you actually possess guns not movings into "crying fire in a crowded theater" territory and no longer "protected speech"? You could make that case.

        Jon Husted is a dick.

        by anastasia p on Fri Jan 11, 2013 at 06:49:00 AM PST

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