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View Diary: $2.5 million judgement against our own homegrown terrorists. (33 comments)

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  •  Please come back and tell us what you think (3+ / 0-)
    Recommended by:
    burrow owl, JaciCee, KiaRioGrl79

    (despite the typos!) of what you see. SPLC does well, but these are tricky waters, and I'd love to know how they frame this stuff to stick.

    "In all chaos there is a cosmos, in all disorder, a secret order." Carl Jung

    by Unduna on Sat Nov 15, 2008 at 08:17:59 AM PST

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    •  Here's the skinny, along with my decidedly (4+ / 0-)
      Recommended by:
      JaciCee, KiaRioGrl79, Unduna, DrFitz

      non-expert opinion.  First, they argue reckless supervision.  Edwards (the head of the Klan there) picked a bunch of violent, crazed yahoos to go out into the public on his behalf.  He should've known that there was a real risk of violence, and did nothing at all to stop it (to the contrary, he seemed to egg it on).  That argument seems like a winner: it's reasonable, probably supported by evidence, and the legal issues are clear-cut.  The upshot is that it stands very little chance of being overturned on appeal.

      The other one, incitement, is dicier, and I think one can infer that from the SPLC brief.  To overcome the obvious First Amendment hurdle, they only cite one case, which strikes me as readily distinguishable and fairly weak precedent (it involved a prison guard getting other inmates to attack a third; IMHO it's weak because there's a power relationship between a guard and an inmate.  The guard isn't persuading the attack, but inducing through the tacit promise of better treatment, material goods, whatever).

      At any rate, here's the brief (pdf!).  It's short and easy to read.

      I'm seriously addicted to the Ped Egg.

      by burrow owl on Sat Nov 15, 2008 at 08:34:53 AM PST

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      •  Thank you. (1+ / 0-)
        Recommended by:
        JaciCee

        "In all chaos there is a cosmos, in all disorder, a secret order." Carl Jung

        by Unduna on Sat Nov 15, 2008 at 08:40:07 AM PST

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      •  He did know. (1+ / 0-)
        Recommended by:
        KiaRioGrl79

        And he did want it to happen the way it did.  Edwards probably thought the yahoos would be responsible for anything they did...didn't understand the liability he was creating for himself.

        He should've known that there was a real risk of violence, and did nothing at all to stop it (to the contrary, he seemed to egg it on).  

        Not the church. Not the state. Women will decide their fate.

        by JaciCee on Sat Nov 15, 2008 at 09:23:11 AM PST

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