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


To: Neocon who wrote (140566)7/16/2004 8:46:08 AM
From: jttmab  Read Replies (1) | Respond to of 281500
 
The ACLU made it an issue,

I would say that the village of Skokie made it an issue by passing three ordnances that banned freedom of speech and assembly of a specific group.

and made the arguments that swayed the Court.

I might disagree with that. In a criminal case, a jury is restricted to the testimony given at trial. In USSC decisions the Court has no such limitation. Neither the Justices or their law clerks are dummies [though it's possible we could find some exceptions] and they are not limited to the arguments given. While the Court may agree/disagree on points given, I tend to look the arguments made by the plaintiff/defendent as a "ticket" for entry to the USSC.

Actually, the reasonable criterion seems to me to weigh the potential for the eruption of violence in a given circumstance against the authority's ability to provide police protection.

So, if I could get a large enough group of people to join me to go up to Sharpsburg and beat the oatmeal out of the KKK then we can pass a law in Maryland banning KKK demonstrations and assembly? We don't actually have to commit any violence, we can just make it a reasonable possiblity. You and I could set up a web site to elicit thousands of people to go to Sharpsburg.

Another avenue we might pursue. Post 9/11, the Congress made certain terrorist groups illegal. Being a member of such a group was illegal. I haven't objected and I've heard no one else complain about that. My thought is that the KKK, the American Nazi party, and some pro-life groups have a long history of using violence. If we could lobby Congress to declare those groups to be "terrorist organizations" we could throw the lot of them into prison for a long time.

jttmab