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View Diary: First Amendment Friday 2 - Gitlow v People (48 comments)

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  •  IANAL (4+ / 0-)

    But I would think that would be grounds for inciting insurrection.

    A better analogy might be writing a letter to the editor advocating overthrow, and writing letters to a dozen of your closest friends advocating the same thing.

    •  Well, now we are closer to Justice Holmes view (3+ / 0-)
      Recommended by:
      Larsstephens, Vladislaw, whaddaya

      you would have to detail when, where, who and how you should act before it would cross a line where the State could do something about it.

      Getting Dems together and keeping them that way is like trying to herd cats, hopped up on crank, through LA, during an earthquake, in the rain. -6.25, -6.10

      by Something the Dog Said on Fri Apr 17, 2009 at 02:35:00 PM PDT

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      •  So is there a difference between (2+ / 0-)
        Recommended by:
        Larsstephens, whaddaya

        holding a sign up at a rally and writing a letter or manifesto?

        It seems that the writing has to be very specific (i.e. on the 4th we'll arm all the militias and retake our gov't). If you held a sign up at a rally on the 4th that advocated retaking our government by force is the where and when implied by the fact of you being at the rally?

        •  Now? (3+ / 0-)
          Recommended by:
          Larsstephens, polar bear, whaddaya

          No. It does not say how you would retake the government. You could be advocating running candidates which share your view. However if you said, "July 4th, the Day All Militias Should Take Back the Government By Force, Ask Me How!" That would be closer to getting you in trouble. If someone asked you how and you described a plan, that is when you are in trouble.

          Getting Dems together and keeping them that way is like trying to herd cats, hopped up on crank, through LA, during an earthquake, in the rain. -6.25, -6.10

          by Something the Dog Said on Fri Apr 17, 2009 at 03:05:15 PM PDT

          [ Parent ]

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