judicial tyranny

Justin Schwartz jkschw at hotmail.com
Fri May 18 11:20:52 PDT 2001


You said that too, of course. But you _do_ maintain a bad tendency view that is the rationale of Dennis. It's just that you and the SCt disagree about which tendencies are bad. Dennis apart, do you reject the argument attributed to you below, about why we can bad even abstract advocacy of fascist and racist ideas? --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 14:14:35 -0400
>
>No need to go into the archives. Anybody can get my argument from me on it
>right here, and what you say below is a misrepresentation of my argument. I
>have never said I agree with any aspect of Dennis, and I have never argued
>Dennis as a basis for outlawing fascistic racist speech.
>
>This statement below in your post is false : " and you said that was an
>aspect of Dennis you agreed with. "
>
>What I argue is that Dennis demonstrates that lefists are foolish to
>support protection of fascistic racist speech as a way to get the Court to
>be protect leftist speech, because the Court is perfectly capable of
>protecting fascist speech and outlawing leftist speech, ignoring consistent
>legal reasoning, because law is politics not consistent legal reasoning.
>
>CB
>
> >>> jkschw at hotmail.com 05/18/01 01:50PM >>>
>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
>
>
>

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



More information about the lbo-talk mailing list