Skip to main content

View Diary: California Radio Station Held Liable in Negligence Case (w/ SPOCKO Update) (120 comments)

Comment Preferences

  •  Incitements vs. threats (4+ / 0-)
    Recommended by:
    MrHinkyDink, rolet, suskind, nadeane

    Kelner is an interesting case, but might not be applicable here.

    The hate talk jockeys might not be making threats within the meaning of 18 U.S.C. § 875(c), which is the law that Kelner was charged with violating.  Kelner, as I recall, was on New York TV waving a pistol saying that he and other JDL members were trained and ready to assassinate Arafat (who was in New York at the time).

    Incitement is much tougher to prove.

    "This machine kills fascists"--words on Woody Guthrie's guitar

    by Old Left Good Left on Sat Jan 13, 2007 at 03:17:57 PM PST

    [ Parent ]

    •  18 U.S.C. § 875(c) (2+ / 0-)
      Recommended by:
      suskind, tobendaro

      (c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.

      Sounds to me like this applies to hate jockeys. The threat against Arafat in the Kelner case wasn't "imminent."

      "My paramount object in this struggle is to save the Union. If I could save the Union without freeing any slave I would do it." -- Abe Lincoln

      by munky on Sat Jan 13, 2007 at 03:27:54 PM PST

      [ Parent ]

      •  lovely stuff, munky (1+ / 0-)
        Recommended by:
        tobendaro

        makes me wonder what was in the ABC/Disney slap down Of KSFO radio hosts that Melanie Morgan refers to in today's San Francisco Chronicle!!!

        "It's entertainment until somebody is attacked," Spocko said.

        by suskind on Sat Jan 13, 2007 at 03:33:34 PM PST

        [ Parent ]

        •  Disney would be smart to clamp down on Morgan (5+ / 0-)

          If broadcasters aren't careful, some crazed listener WILL eventually carryout a disk jockeys violent suggestions. And, whether a lawsuit is justified or not, a legal case WILL be brought against Disney -- perhaps even a criminal case. Disney is definitely walking the edge. It's surprising given that it claims to be a "family" company. LMFAO!

          "My paramount object in this struggle is to save the Union. If I could save the Union without freeing any slave I would do it." -- Abe Lincoln

          by munky on Sat Jan 13, 2007 at 03:37:16 PM PST

          [ Parent ]

      •  Threatening vs. incitement (2+ / 0-)
        Recommended by:
        Radiowalla, suskind

        Imminence is not an element of a threat, so it was not an issue in the Kelner case.  It is an element of incitement.

        Another difference between a threat and incitment is   in whether the speaker is stating his intention, or is trying to influence others.

        Thus:

        "I'm going to kill Arafat"--that's a threat.

        "I'm going to kill Arafat later"--also a threat, because imminence is not an element of making a threat.

        "Let's take over the streets now"--that's incitement, depending on other facts and circumstances, such as whether it was meant to be understood to mean "let's perform an illegal act" or not, and because it is an imminent call to illegal action (if so intended).

        "Let's take over the streets later"--that's not incitement, because it lacks imminence.

        It might be fruitful to think about whether any hate radio could be solicitation.

        "This machine kills fascists"--words on Woody Guthrie's guitar

        by Old Left Good Left on Sat Jan 13, 2007 at 04:27:29 PM PST

        [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site