The Mudcat Café TM
Thread #151465   Message #3535675
Posted By: Richard Bridge
09-Jul-13 - 07:15 PM
Thread Name: BS: First Amendment under attack
Subject: RE: BS: First Amendment under attack
JESUS FUCKING CHRIST will you fucking barrackroom lawyers go and READ THE FUCKING LAW.

"Holmes, writing for a unanimous Court, ruled that it was a violation of the Espionage Act of 1917 (amended with the Sedition Act of 1918), to distribute flyers opposing the draft during World War I. Holmes argued this abridgment of free speech was permissible because it presented a "clear and present danger" to the government's recruitment efforts for the war."

THEN -

"Schenck was later overturned by Brandenburg v. Ohio in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot). The test in Brandenburg is the current High Court jurisprudence on the ability of government to proscribe speech after that fact."

THINK - the idiot poster in this case threatened an imminent gravely lawless action - A columbine type incident.