Quote:
Originally Posted by roachboy
your line of argument in this thread is wholly insane--no judge, anywhere, who took into account the context of this debate would accept your idiotic attempt to equate what red4ever said with shouting fire in a theater or anything like that.
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Really? And you base that statement about "no judge, anywhere" upon?
What raider said is NOT the equivalent of "falsely yelling fire in a crowded theater". (And I do so wish people would include the "falsely" when they quote Holmes....because sometimes people have a duty to shout fire in a crowded theater, like when the theater is actually on fire...) His or her comments would not tend to pose an immediate danger of harm to anybody, which is where the whole "fire-theater" thing comes from. But that is NOT the standard that would be used in trying somebody for violating Article 3 § 3 of the US Constitution. The standard would be "do the statements qualify as "adhering to the enemy"", that is, providing them with moral support. It's a "strict liability" offense...