BoatBanter.com - View Single Post

[email protected]

On Wed, 03 Nov 2010 00:23:51 -0400, wrote:

On Tue, 02 Nov 2010 10:12:37 -0700, wrote:

On Mon, 01 Nov 2010 23:03:38 -0400, wrote:

On Mon, 01 Nov 2010 16:45:17 -0700, wrote:

That's disingenuous, and indirectly you can be. Surely you have
heard of Schenck v. United States, 249 U.S. 47 (1919)?

The law is on your side here but the effect is the same.

Schenck was largely vacated by the decisions of the Burger court in
the late 60s and early 70s, principally by the decision that affirmed
the right to say "FU@K the draft", which gutted Schenck.
Maybe you can shout "fire" in a crowded theater now.

Perhaps you're thinking of Brandenburg v. Ohio?

It was in that time frame but Brandenburg was a KKK case, similar to
the Skokie case.
There were also several around war protests that would be more on
point with Schenck. (who was a draft protester during WWI)
If I get a minute I will look up the F the draft case.

In Brandenburg they held that hate speech in and of it self isn't a
threat, as I recall. It must entail some sort of call to action of
violence. I'd have to look it up.

Yes that is right, that is why I compared it to the Skokie decision.

The ones I am thinking of protected the right to protest the draft as
protected political speech, even if the protest was using obscene
language. There were several cases along these lines with minor legal
differences. It has been a while since I looked at this but they do
form a tree with each referencing the ones before it

I guess Skokie is in the win column for the hated ACLU. lol