judicial tyranny

[Justin Schwartz]

It's not the complete basis of your view, of course. But anyone interested 
can go into the archives and find an exchange between us where I defend the 
standard Brandenburg v. Ohio view that you need incitement to immanent and 
serious illegality to warrant proscription, and you defend the view that the 
mere prospect that the racists or fascists might someday win if we let them 
talk is enough, given the content of their views and the bad things they'd 
do. I pointed out that this is the view of Dennis, which is still 
technically law, and you said that was an aspect of Dennis you agreed with. 
--jks


>From: "Charles Brown" <CharlesB at CNCL.ci.detroit.mi.us>
>Reply-To: lbo-talk at lists.panix.com
>To: <lbo-talk at lists.panix.com>
>Subject: Re: judicial tyranny
>Date: Fri, 18 May 2001 13:41:14 -0400
>
>Well, there's a C- answer. Your misapprehension of my argument for banning 
>fascistic racist speech does not make a very good demonstration of your 
>claims as a federal clerk to have superior ability to apprehend legal 
>argument and reasoning.  If you are this mixed up on this issue, how can I 
>believe your judgments about the the legal skills of the lawyers and judges 
>you have been discussing on this thread ?
>
>CB
>
> >>> jkschw at hotmail.com 05/18/01 01:26PM >>>
>But you do like the Dennis result--not that the CP leaders went to jail, 
>but
>the rule that speech with a bad tendency can be proscribed. It is the legal
>basis of your argument for banning fascist and racist speech. --jks
>
> >
> >((((((((
> >
> >CB: I take it you mean I like the fact that you include the Dennis case 
>in
> >your list of worst cases, not that I like the Dennis result.
> >
> >How about _Schenck_ ?  That's the very first First Amendment decision.
> >
> >
>
>_________________________________________________________________
>Get your FREE download of MSN Explorer at http://explorer.msn.com
>
>

_________________________________________________________________
Get your FREE download of MSN Explorer at http://explorer.msn.com