Felony or free speech?
Published April 01, 2003
Diane writes from Gotham unhappy with an evil professor who advocates the murder of US soldiers, speculating about whether she perhaps overstated the case with her headline.
Actually, the headline "De Genova is a rapist" does not got nearly far enough. Sexual assault is a nasty and wicked thing, but actively publicly advocating mass murder, trying to whoop up murder against our own people is far beyond.
Like any person not a member of the trial lawyers' lobby, I detest frivolous lawsuits, but legal action such as Diane advocates is not at all frivolous. It is one thing to say you think the US government is wrong. It is something else to directly and specifically advocate the murder of our soldiers. How much further could you possibly cross the line, other than to personally give the thugs guns and maps to troop locations?
Indeed this seems like it might go past a civil liability issue, and into absolutely felonious criminal activity. If you went out on the corner with a bullhorn and said "Any good (insert group name here)s would get a gun and kill the president, Supreme Court justices, and every member of the US Congress" then you would be commiting a big felony. The feds would lock you up and throw away the key.
Whereas Nicholas de Genova actually says "The only true heroes are those who find ways that help defeat the US military. I personally would like to see a million Mogadishus." Exactly what is the difference between this and my hypothetical example?
Perhaps there exists some subtle legal distinction here that a smart lawyer could explain showing that these statements somehow do not constitute a criminal attempt at inspiring people to murder. If there is such a distinction, it definitely must be razor thin. Maybe it's the difference between saying you would be a hero if you kill US soldiers versus saying you should be a hero. Seems like a pretty thin difference.
- Felony or free speech?
- Published: April 01, 2003
- Type:
- Section: Politics
- Filed Under: Books: History, Books: Nonfiction
- Writer: Al Barger
- Al Barger's BC Writer page
- Al Barger's personal site
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More:
http://theadvocate.com/stories/033003/ira_protest001.shtml
A group protesting for peace in Iraq faced unexpected confrontation Saturday afternoon when a hastily-organized crowd met them with threats of violence and profanity.
...
About the same number of people, incited by a local radio station, shouted them down with obscenities, patriotic chants and cries of "Traitor!"
Along with plenty of American flags, several of the signs they carried demeaned the marchers: "Protesting this war while our troops are being killed is equal to treason," read one. "You should all be shot."
...
"I think these son-of-a-buggers deserve a bullet in the head."
...
Adam Felber has some good commentary about the right wing's obsession with fighting the enemy at home.
"The mainstream right simply refuses to engage in any sort of dialog with the mainstream left, so you'll see little rational discussion of diplomacy's failure, the consequences of over-selling America's military might, the strategy and timetable for war, or the risks inherent in presenting the Islamist world with a single, easily-identifiable target. Perhaps the taxing requirements of daily writing makes fighting cartoon foes the easiest strategy, but the internet's conservatives seem to have alarmingly little interest in the reality of a pro-American left. And only passing interest in the war itself."
Al, not sure you have any crime unless somebody actually kills someone after reading the book. There are a few misdemeanors that cover speech that creates or promotes a dangerous situation ("yelling 'fire' in a crowded theater" statutes). You might have misdemeanor assault if you can convince the court that any of the people named by de Genova perceived his comments as a real threat to their safety.
But, de Genova said he wished for "a million Mogadishus". Now, what happened in Mogadishu was a military operation gone awry, a matter of chance as much as anything else. Saying he wishes for "a million Mogadishus" is saying that he wishes for a million failed military operations in which the US takes a few casualties. That's too abstract a concept to be perceived as a threat upon anyone's life.
And if anyone needs maps, I believe Fox News has been handing them out.
Add your comment, speak your mind
(Or ping: http://blogcritics.org/mt/tb/4257)
Just a couple of choice quotes:
"My only regret with Timothy McVeigh is that he did not go into the New York Post building."
- Ann Coulter
"Where's the Ohio National Guard when you really need it?
Seriously?
Hey, if a campus crank can wish for personal calamity to befall U.S. forces in Iraq, why not fantasize about a volley of Kent State-style militia musketry rattled off in his general direction?"
- New York Post