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Author Topic:   The American Civil Liberties Union
paisano
Member (Idle past 6445 days)
Posts: 459
From: USA
Joined: 05-07-2004


Message 55 of 141 (207996)
05-14-2005 8:44 AM
Reply to: Message 51 by Silent H
05-14-2005 5:03 AM


OK, here is my 0.02
Let N = any act that is currently a criminal offense (we'll not specify it to avoid emotive debates for specific values of N about
whether legalizing N is or is not moral, just, a good idea, etc.).
1) An organization advocating that N be legalized, and using media campaigns, lobbying, and supporting legislation and candidates to that end, is operating totally legally and in the American tradition.
2) An organization advocating that individuals commit N as an act of civil disobedience is on the borderline. It must be understood that individuals committing N must be prepared to face criminal sanctions
for committing N. The organization, however, is IMO within its First Amendment rights if its advocacy is only in a general sense.
3) An organization actively aiding and facilitating the commission of N by individuals (providing information on how and where to commit N, financial support for N actions, or any other action that directly facilitates N) is IMO a criminal conspiracy and is subject to criminal charges on this ground.
Whether such charges are actually brought depdends on law enforcement's assessment of the severity of N and available resources, but the fact that charges are not brought does not imply legality of the organization's activities in case 3)
I am not a lawyer, so this is all IMO.
This message has been edited by paisano, 05-14-2005 08:44 AM

This message is a reply to:
 Message 51 by Silent H, posted 05-14-2005 5:03 AM Silent H has replied

Replies to this message:
 Message 56 by arachnophilia, posted 05-14-2005 9:28 AM paisano has replied
 Message 69 by Silent H, posted 05-14-2005 10:48 AM paisano has not replied

  
paisano
Member (Idle past 6445 days)
Posts: 459
From: USA
Joined: 05-07-2004


Message 63 of 141 (208030)
05-14-2005 9:54 AM
Reply to: Message 56 by arachnophilia
05-14-2005 9:28 AM


Re: prior restraint
I am referrring in case 3) to actively engaging in material support to ongoing actual acts of N. So prior restraint would not apply IMO.

This message is a reply to:
 Message 56 by arachnophilia, posted 05-14-2005 9:28 AM arachnophilia has replied

Replies to this message:
 Message 65 by arachnophilia, posted 05-14-2005 10:06 AM paisano has replied

  
paisano
Member (Idle past 6445 days)
Posts: 459
From: USA
Joined: 05-07-2004


Message 66 of 141 (208034)
05-14-2005 10:09 AM
Reply to: Message 65 by arachnophilia
05-14-2005 10:06 AM


Re: prior restraint
Again, I am referrring to material support, not rhetorical support.

This message is a reply to:
 Message 65 by arachnophilia, posted 05-14-2005 10:06 AM arachnophilia has replied

Replies to this message:
 Message 68 by arachnophilia, posted 05-14-2005 10:18 AM paisano has not replied

  
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