Dob
September 15, 2003, 9:40pm
61
Just to clairify here, the authors of most of the cites I gave also categorized the statements as “hate speech”. So I guess I and them are also wrong? But, whatever. You obviously disagree with me and no cite will change that.
Thanks for link btw anna…I had not read that.
*Originally posted by Jimmy1 *
**Blalron have you viewed any of the NAMBLA material or website? I am just curious because you seem so sure that the Brandenburg incitement test has not been violated in this instance and to make this determination it is necessary to know what portion of Nambla information these two defendants viewed. Are you aware of the information these two defendants viewed and the content of this information? If not, then I would say tentatively you can assuredly say the Brandenburg incitement test has not been breached. **
The Brandenburg incitement test might not apply to this case. From this article :
Censorship Through Civil Lawsuits
The pivotal case driving this change in the law was Rice v. Paladin Enterprises , which involved the notorious book Hit Man: A Technical Manual for Independent Contractors. Although Hit Man reads like a clumsy parody of the macho hired-killer mentality, the literal-minded could also interpret it as an actual manual for murder.
After a real hit man allegedly relied on the book’s instructions, the family of his victims sued the book’s publisher, Paladin Press. In a strategy that later misfired badly, the publisher’s lawyers admitted, for purposes only of moving to dismiss the lawsuit, that Paladin knew and intended that the book would be used by killers. A federal judge agreed with them that even if this evil intent existed, the suit had to be dismissed on First Amendment grounds.
But in 1997, the Fourth Circuit Court of Appeals reversed, ruling that if indeed the publisher intended the book to be used as a manual for murder, it could be held liable to victims’ families as an aider and abettor of the crime. The case settled without trial on the issue of intent, leaving the Court of Appeals decision standing.
Jimmy1
September 16, 2003, 1:46pm
63
The Brandenburg incitement test may not apply but it is, if I recall correctly, one of the theories upon which the plaintiffs have based their law suit.
Ah, but I can. If you’re nice to me, I won’t share them with you.
(Where’s the devil smiley when you need it?)
Tenebras