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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Dale Baker who wrote (153669)1/9/2011 5:39:43 PM
From: Sultan  Read Replies (1) | Respond to of 542134
 
I remember people being prosecuted for 'inciting murder' How is that different then a talk show host doing that? I thought I saw a post here or some where about some talk show host saying exactly that..



To: Dale Baker who wrote (153669)1/9/2011 6:19:12 PM
From: Bread Upon The Water  Respond to of 542134
 
In certain southern States saying the "N" word can be the basis of a "hate crime" simply by uttering it--at least that is my understanding. I would have to read the statute(s) themselves to see if any other indices of criminal intent is required.

Also cross burning is consider a "hate crime" in some Southern States.

Both of these "hate crime" statues have apparently not yet been overturned.

A more complete answer is desired on my part as you have provoked my curiosity and I would like to see if taking this approach to protesting at private persons funeral has any merit. If someone else here doesn't post information about this first, I'll try to see what else I can find out about this as my time allows.

I know the Southern Poverty Law Center put the "Aryan Brotherhood" in Idaho out of business with a civil suit, but can't bring up the details off the top. That needs poking into also.

This is the aspect of the law that turns me on--following the trail--finding clues--then maybe answers or solutions.



To: Dale Baker who wrote (153669)1/9/2011 6:47:00 PM
From: Bread Upon The Water  Respond to of 542134
 
Researched a few cases---almost all of them say that just uttering the "N" word is not enough--it has be accompanied by threats of (racial, gender,or religious) violence or intimidation. Overly broad if not.

Good legal instincts, Dale!

More later.

For a wealth of information on the subject google "VA Hate Crimes" and "NC Hate Crimes"



To: Dale Baker who wrote (153669)1/9/2011 6:59:05 PM
From: Bread Upon The Water  Respond to of 542134
 
Looks like making the protesting funeral groups words hate crimes won't work. Violence occurred in the case of the SPLC vs. United Klans.

splcenter.org.

Need to check the Aryan Brotherhood civl case. Doing this fast so some key things that should have been noted may have fallen thru the cracks.



To: Dale Baker who wrote (153669)1/9/2011 7:17:12 PM
From: Bread Upon The Water  Respond to of 542134
 
Was a gross negligence case against the Aryan nation. They shot bullets out of their compound at people who stopped outside it.

splcenter.org

So without a violent physical act by the funeral protesters maybe nothing to be done legally. They surely would have consulted a lawyer before acting. I didn't think of that at first, they seemed so "nutcase".

Perhaps the tort of causing "emotional distress" may offer some legal relief. May run into the first amendment though.

More latter.