G
GreenJeans
Guest
The book does it far better than I do.
You’re getting confused.
I said it’s not clear about the reasonable man standard being employed - maybe it will be, maybe it won’t.
I said that the answer as to whether or not he could be charged with incitement would seem to be “yes”.
No flip-flopping here.
Show me the legal standard for incitement, and show me that it’s been employed the way you claim. I’ve been doing all the research so far – now it’s your turn.
So you say. A rather notable Supreme Court Justice disagrees with you, and claims that it has meant much.
I’ve posted a Supreme Court ruling which says you’re wrong. I’m not sure how else to tell you.
Do you read my links?
I gave you a scholarly article which described how we have done it and are likely to do it more in the future.
Was Beauharnais overruled?
- Little does not equal “no”.
- Until overruled, it’s still law…even if it’s not actively employed as such. That’s the way this whole “law” thingy works in this country.
- It’s interesting to note that Beauharnais is an example of using legislative history to deny the text of a law – namely the Constitution. I think you were asking for an example earlier. This would be one. They trace colonial common law practices to distinguish what is or is not Constitutionally permissible, and (according to Scalia) come to a disingenuous result.
God Bless,
RyanL
- I’m sure the book presents your argument better than you could. But you are still claiming an argument but not presenting it.
- What is the probability preachers will be charged with encitement for reading the bible to their congregation? (Is that in the book?)
- I told you the standard for incitement. What do you say the standard is? (Is that in the book, too?)
- “A rather notable Supreme Court Justice disagrees with you, and claims that it has meant much.” If the underlined word was a link it doesn’t work.
- You posted a link about Beauharnais which said it had little current precedent due to rulings in subsequent cases. I suppose we could post a link about Dred Scott or Plessy, too.
- Your scholarly article fails to consider the empirical evidence that we have not followed Europe regarding either Nazis or the Holocaust. Poor scholarship. (Articles, books? Do you have any arguments of your own?)
- Can you offer any reason to think this law will result in incitement charges other than an unstated argument (in the book) and the opinion of one congressman that is contrary to the text of the law?