<HTML><FONT FACE=arial,helvetica><FONT SIZE=2>Christopher Susi writes:
<BR><BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px">Similarly, the supreme court has ruled that speech which is an incitement to
<BR>crime, is seditious, or causes a clear and present danger is not protected.</BLOCKQUOTE>
<BR>
<BR>This is a combination of inconsistent, poorly understood and outdated Supreme
<BR>Court rulings.
<BR>
<BR>The clear and present danger test comes from Shenck, and was clearly
<BR>surpassed by Brandenberg. Sedition comes out of the Dennis case, which was
<BR>also surpassed by Brandenberg. Under the incitement test of Brandenberg,
<BR>neither Shenck [a socialist advocating draft resistance in WWI] nor Dennis
<BR>[leader of the CP advocating Communist Revolution] would have had their
<BR>convictions upheld. And the incitement test of Brandenberg involves not
<BR>incitement to "break the law," but direct incitement to commit an act of
<BR>violence.
<BR>
<BR>Leo Casey
<BR>United Federation of Teachers
<BR>260 Park Avenue South
<BR>New York, New York 10010-7272 (212-598-6869)
<BR>
<BR>Power concedes nothing without a demand.
<BR>It never has, and it never will.
<BR>If there is no struggle, there is no progress.
<BR>Those who profess to favor freedom, and yet deprecate agitation are men who
<BR>want crops without plowing the ground. They want rain without thunder and
<BR>lightning. They want the ocean without the awful roar of its waters.
<BR><P ALIGN=CENTER>-- Frederick Douglass --
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