crashfrog writes:
Are you saying that speech can never be a criminal act? What about fraud? What about saying "I'll give you $10,000 to commit murder on my behalf"? Those are both examples of criminalized speech acts. I don't think someone who hears the latter and then goes off and commits murder is an "idiot" who is solely responsible for their actions. Telling someone you'll pay them to commit murder is nothing but a speech act, but it also makes you party to a crime.
I think that we've had a conversation like this before in the
How Does Republican Platform Help Middle Class? thread, when we hijacked the thread to have it out over whether or not raising a kid to be a racist constituted brainwashing.
Of course there's such a thing is criminal speech. If I say "Hey, I'll give you $10,000 to put my boss in the woodchipper," that's a crime, because it's soliciting a criminal act. On the other hand, if I say "Jeez, my boss is an idiot. Work would sure be a better place without him," and you decide on your own to put him in the woodchipper, that's something else entirely. I hope that you can see the fundamental difference.
Harold Camping is morally culpable for all the damage he's done, I don't dispute that. And if it can be shown that he intentionally deceived all those rubes to donate their life savings for his billboards, then he'd be legally culpable for defrauding them as well. But (and this is - heh - a big but) that this nutjob woman decided that the best thing to do if the rapture was coming was to cut her daughters' throats instead of, for example, maybe spending the day praying, that's her bad, not his. You'd have to find him on record saying that the best thing for believers to do with their (possibly) non-believer children is to put them in the woodchipper before you could find him responsible for this one woman's botched murder/suicide attempt. (By the way, there's a right way and a wrong way to cut someone's throat, and if you're really serious about murdering your children, then you should at least do a competent job. Also by the way, my saying that is not a criminal incitement to murder.)
Criminal speech is criminal because it intentionally incites or solicits a reasonable person to do a criminal act. Stupid or even irresponsible speech that an unreasonable person uses as an excuse to do something heinous is just that, stupid and irresponsible, but not criminal or even legally actionable in a civil court.
Just because something is wrong, that doesn't make it illegal, and just becuase something is legal, that doesn't make it right.
Your beliefs do not effect reality and evidently reality does not effect your beliefs.
-Theodoric
Reality has a well-known liberal bias.
-Steven Colbert
I never meant to say that the Conservatives are generally stupid. I meant to say that stupid people are generally Conservative. I believe that is so obviously and universally admitted a principle that I hardly think any gentleman will deny it.
- John Stuart Mill