Enough is enough...the time has come to protect our Republic from the onslaught of sedition...that being the destruction of our Constitution/Bill of Rights by George Soros and the ACLU...We have the Congress/Senate and POTUS along with appointed cabinet heads DOJ/FBI etal
See : http://sharlaslabyrinth.blogspot.com/2017/01/soros-funding-airport-protests-ban.html
http://sharlaslabyrinth.blogspot.com/2013/04/real-agenda-of-aclu-exposed-at-last.html
The High Court has protected the speech of racial supremacists and separatists, labor organizers, advocates of racial Integration, and opponents of the draft for the Vietnam War. However, it has refused to declare unconstitutional all sedition statutes and prosecutions. In 1940, to silence radicals and quell Nazi or communist subversion during the burgeoning Second World War, Congress enacted the Smith Act (18 U.S.C.A. §§ 2385, 2387), which outlawed sedition and seditious conspiracy. The Supreme Court upheld the constitutionality of the act in Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137 (1951).
Sedition prosecutions are extremely rare, but they do occur. Shortly after the 1993 bombing of the World Trade Center in New York City, the federal government prosecuted Sheik Omar Abdel Rahman, a blind Egyptian cleric living in New Jersey, and nine codefendants on charges of seditious conspiracy. Rahman and the other defendants were convicted of violating the seditious conspiracy statute by engaging in an extensive plot to wage a war of Terrorism against the United States. With the exception of Rahman, they all were arrested while mixing explosives in a garage in Queens, New York, on June 24, 1993.
The defendants committed no overt acts of war, but all were found to have taken substantial steps toward carrying out a plot to levy war against the United States. The government did not have sufficient evidence that Rahman par ticipated in the actual plotting against the government or any other activities to prepare for terrorism. He was instead prosecuted for pro viding religious encouragement to his cocon spirators. Rahman argued that he only performed the function of a cleric and advised followers about the rules of Islam. He and the others were convicted, and on January 17, 1996, Rahman was sentenced to life imprisonment by Judge Michael Mukasey.
Following the September 11th Attacks of 2001, the federal government feared that terrorist networks were very real threats, and that if left unchecked, would lead to further insurrection. As a result, Congress enacted the Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT) Act of 2001, Pub. L. No. 107-56, 115 Stat. 272. Among other things, the act increases the president's authority to seize the property of individuals and organizations that the president determines have planned, authorized, aided, or engaged in hostilities or attacks against the United States.
The events of September 11 also led to the conviction of at least one American. In 2001, U.S. officials captured John Philip Walker Lindh, a U.S. citizen who had trained with terrorist organizations in Pakistan and Afghanistan. Lindh, who became known as the "American Taliban," was indicted on ten counts, including conspiracy to murder U.S. nationals. In October 2002, he was sentenced to 20 years in prison.
Further readings
Cohan, John Alan. 2003. "Seditious Conspiracy, the Smith Act, and Prosecution for Religious Speech Advocating the Violent Overthrow of Government." St. John's Journal of Legal Commentary 17 (winter-spring).Curtis, Michael Kent. 1995. "Critics of 'Free Speech' and the Uses of the Past." Constitutional Commentary 12 (spring).——. 1995. "The Curious History of Attempts to Suppress Antislavery Speech, Press, and Petition in 1835–37." Northwestern University Law Review 89 (spring).
Downey, Michael P. 1998. "The Jeffersonian Myth in Supreme Court Sedition Jurisprudence." Washington University Law Quarterly 76 (summer).
Gibson, Michael T. 1986. "The Supreme Court and Freedom of Expression from 1791 to 1917." Fordham Law Review 55 (December).
Grinstein, Joseph. 1996. "Jihad and the Constitution: The First Amendment Implications of Combating Religiously Motivated Terrorism." Yale Law Journal 105 (March).
Levinson, Nan. 2003. Outspoken: Free Speech Stories. Berkeley: Univ. of California Press.
Weintraub, Leonard. 1987. "Crime of the Century: Use of the Mail Fraud Statute Against Authors." Boston University Law Review 67 (May).
Cross-references
CITE..
Cold War; Communism; Freedom of Speech; Socialism.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
No comments:
Post a Comment