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At what point will it cross the line into treason?

jonKranked

Detective Dookie
Nov 10, 2005
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free speech....pesky thing.
I had a discussion about this the other day, in regards to things that free speech doesn't cover. I stumbled across this:

http://www.fas.org/irp/crs/95-815.pdf

Things NOT covered by the 1st amendment:

-obscene speech (the use of vulgar words is not banned)
-child pornography
-defamation (libel and slander)
-speech harmful to children


It doesn't mention sedition/treason specifically, but I found some info on it here:

http://en.wikisource.org/wiki/United_States_Statutes_at_Large/Volume_1/5th_Congress/2nd_Session/Chapter_74

So my question still stands, at what point does it cross the line from free speech to seditious or treasonous speech?
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
43,524
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Portland, OR
If you make a direct threat to the President, it is no longer free speech. Example: "I will kill the President" = jailhouse beatdown.
 

stevew

resident influencer
Sep 21, 2001
41,350
10,280
So my question still stands, at what point does it cross the line from free speech to seditious or treasonous speech?
does the movie that fantasized about the assassination of gwb fall into this territory for you?
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,737
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chez moi
So my question still stands, at what point does it cross the line from free speech to seditious or treasonous speech?
There's also the question of "at what point do you let people say what they want, since prosecuting them for saying it is likely to exacerbate a situation and draw them attention and sympathy?"

It'd be funny to see the ACLU defending them, though.
 

jonKranked

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Nov 10, 2005
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There's also the question of "at what point do you let people say what they want, since prosecuting them for saying it is likely to exacerbate a situation and draw them attention and sympathy?"

It'd be funny to see the ACLU defending them, though.
US media is already giving them the attention they want. Which in turn is generating more support by exposing them to other like minded individuals, subsequently strengthening them (if you want to call it that).

At some point, someone, somewhere, will cross the line out of free speech territory. Who will be there to hold them accountable (and prosecute them)?
 

Silver

find me a tampon
Jul 20, 2002
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Orange County, CA
Is seditious speech actually illegal? I don't think it is.

Having said that, this is definitely seditious speech, no matter that the author says it isn't. Just like saying, "I'm not a racist, but I don't believe that a nigra should be president."

Wow, just went over to check out the whole Newsmax site. Again, I must reiterate the need for death camps. We cannot build those things fast enough.
 

jonKranked

Detective Dookie
Nov 10, 2005
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Is seditious speech actually illegal? I don't think it is.
I'm leaning towards yes: The Smith Act.

http://en.wikipedia.org/wiki/Sedition#United_States

and

http://en.wikipedia.org/wiki/Smith_Act

The Alien Registration Act or Smith Act (18 U.S.C. § 2385) of 1940 is a United States federal statute that makes it a criminal offense for anyone to
“knowingly or willfully advocate, abet, advise or teach the duty, necessity, desirability or propriety of overthrowing the Government of the United States or of any State by force or violence, or for anyone to organize any association which teaches, advises or encourages such an overthrow, or for anyone to become a member of or to affiliate with any such association.

It's only been used a few times since it went into law, and a number of these rulings were thrown out by the Supreme Court, but its still part of Federal Law.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
43,524
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Portland, OR
Is seditious speech actually illegal? I don't think it is.

Having said that, this is definitely seditious speech, no matter that the author says it isn't. Just like saying, "I'm not a racist, but I don't believe that a nigra should be president."
Is that like prefixing a statement with "no disrespect, but"? That clears me, right?
 

Silver

find me a tampon
Jul 20, 2002
10,840
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Orange County, CA
It's only been used a few times since it went into law, and a number of these rulings were thrown out by the Supreme Court, but its still part of Federal Law.
Part of the law and constitutional are different.

I meant the second and not the first, I should have defined my term better, sorry.

You know who's going to get in trouble with this? Some stupid ass soldier is going to read this, get all excited, and start sending it off to his military friends.
 

jonKranked

Detective Dookie
Nov 10, 2005
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Part of the law and constitutional are different.

I meant the second and not the first, I should have defined my term better, sorry.
huh? :confused:

If you meant to be asking if seditious speech is unconstitutional, then I would lean towards saying no. But it IS illegal (under federal law) and you can be legally prosecuted for it, and punished if found guilty.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
huh? :confused:

If you meant to be asking if seditious speech is unconstitutional, then I would lean towards saying no. But it IS illegal (under federal law) and you can be legally prosecuted for it, and punished if found guilty.
Yeah, I know. I said illegal, and I meant unconstitutional. My fault, not yours.
 

JohnE

filthy rascist
May 13, 2005
13,562
2,208
Front Range, dude...
http://mediamatters.org/blog/200909290042

Conservative groups are now advocating a military coup. Does this constitute treason? Or do they have to actually say "we are going to have a coup"?
As a military member, I have heard nothing about this. But I did take Monday off to ride. I better check my email...it has gotten pretty bad in this country lately. And by lately, I mean in the past 8 years...
 

jonKranked

Detective Dookie
Nov 10, 2005
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As a military member, I have heard nothing about this. But I did take Monday off to ride. I better check my email...it has gotten pretty bad in this country lately. And by lately, I mean in the past 8 years...
Well don't go getting any crazy ideas alright?

But I agree. Things are getting nutso. Both ends of the political spectrum are starting to get weird.

And when the going gets weird, the weird go to New Jersey.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
43,524
15,743
Portland, OR
It's sort of like getting mad about being hung over when you should be mad about the copious amounts of alcohol you consumed the night before. Everybody (on the right at least) remembers the party we had for 8 years when everything was rainbows and free blowjobs. But now the tab has been brought to the table and people are saying "Who the f@ck drank all this?"
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
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In any case, lots of protective intelligence agents going to be hard at work nationwide. Or at least in the middle and southeast of the country.
 

chicodude

The Spooninator
Mar 28, 2004
1,054
2
Paradise
Seriously, WHERE THE **** have these people been for the last 8 years?

I don't really like obama that much (He is still a politician after all) But COME ON, He didn't rape and pilage the consitution/environment like good ol' bushy.


These people are so delusional it scares me.


They took the oringinal aritcle down too.
 

Pesqueeb

bicycle in airplane hangar
Feb 2, 2007
42,373
19,899
Riding past the morgue.
I first noticed this kind of talk in the comments section of an article that Dante posted about the economy. While I'm of the opinion that the sedition/treason talk is a matter of semantics there is no doubt either way, some way scary talk is happening out there. I live in a town thats only reason to exist is to serve the military, and as right leaning as it is here I have yet to hear this 'coup' talk. I really think that this sort of rhetoric is fringe loony talk. Which is why its so dangerous, were talking about people that have seriously gone round the bend and are probably capable of anything.
We have a President whose political background is Socialistic and neo Communistic. His character is such that even in the face of failure he is determined to push his agenda - at any cost and will continue to do so. We have no real alternatives in the Republican or Independent parties maybe except for Joe Wilson and his "liar" accusation to the President.
We are inolved in a losing war of attrition in Afghanistan with no end in sight and according to this article our position in the world and our economic strength are both waning, while our rivals' powers are gaining.
In the face of this a direct military take over seems the best alternative. This would allow the Generals to conduct the war in Afghanistan in a manner that is favorable to us. It will put a military face in our foreing affairs and change the paradigm of a "meek America" that is jeered and should be feared. It will finally deal with our insecure borders in a common sense manner and cut nepotism within our rank and file politicians. Remember our first President George Washington was a General before he became a President.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,737
1,820
chez moi
Yeah, nepotism. It's been SO on the rise since the new administration. Where's Brownie when you need him? (Samoa, perhaps?)
 

JohnE

filthy rascist
May 13, 2005
13,562
2,208
Front Range, dude...
I had a brief talk with a kid last night regarding this same thing. He actually seemed to think it was a possibility. I just cant see it...what General would lead it? From what base? Logistical support? Troops?
Although, it would certainly make for some upward mobility within the ranks if a coup attempt occued...but I really cant see it happening. Maybe I am over simplifying it, but I dont want to end up standing up against a wall in front of a firing squad. I like my benefits, and am enjoying the thought of my impending retirement...so I dont see it happening.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
I had a brief talk with a kid last night regarding this same thing. He actually seemed to think it was a possibility. I just cant see it...what General would lead it? From what base? Logistical support? Troops?
Although, it would certainly make for some upward mobility within the ranks if a coup attempt occued...but I really cant see it happening. Maybe I am over simplifying it, but I dont want to end up standing up against a wall in front of a firing squad. I like my benefits, and am enjoying the thought of my impending retirement...so I dont see it happening.
I've often wondered about what it might be like to still be on active duty with Obama now in office.
Are there people who actually like the guy, or is it a Bachman-Palin Overdrive?