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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?


To: Neocon who wrote (140497)7/16/2004 12:08:36 AM
From: jttmab  Read Replies (2) | Respond to of 281500
 
"...the anticipation of violence does not justify prior restraint":

That is not quite true----


Sometimes it's true; in the Skokie case it wasn't true.

But the point on which I was perhaps too subtle was that the ACLU made no legal decision. They represented a client and in the end it was the USSC that made the legal decision.

There are very few USSC decisions that I can recall where the focus of discussion is a client's attorney and not the actual decision of the Court. Notice, for example, this citation... The fighting words doctrine originated in Chaplinsky v. New Hampshire, 315 U.S. 568 (1942). The Chaplinsky ruling defined fighting words rather broadly.

Who represented Chaplinsky? [No looking it up.]

Yet, why is it that in the Skokie case the discussion is nearly always about the ACLU being right or wrong and the decision of the USSC is ignored in the discussion? [Other than I brought it up.] Is the United States Supreme Court wholly irrelevant?

Incidental...including one forbidding the dissemination of any materials which promote or incite racial or religious hatred. I think that citation shows that it was a free speech issue as well as the right to assemble.

Surely I would be able to find a number of residents in Sharpsburg that are disgusted that the KKK is holding a rally there. If I get ten of them to say that the KKK is using fighting words, would they be justified in getting an ordnance barring the KKK. How many do I need? 5,000? 1,000? 50? What if there was one family in Sharpsburg that survived an earlier attack by the KKK?

jttmab