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Reporting a false crime to 911 is fraudulent, which is crime that offers a clear victim. Fraud is not a right.
The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Originally posted by Jean Paul Zodeaux
reply to post by Afterall
Are you pretending stupidity, or do you come by it naturally?
There is Socratic dialogue, and then there is just plain stupidity. Are you asserting that fraud is not a crime? If you perpetuate fraud and the victim of that fraud files charges against would you play this stupid game in court?
In terms of the victim of fraud in the 9/11 case the victim is the state that spent public funds to respond to a fraudulent claim. As such, an expense was incurred due to fraud, and this is assuming that no other victims were found due to tying up police in pursing what turned out to be a fraudulent claim at the expense of not responding quick enough to a very real claim.
Your ignorance regarding the assault charge from a death threat is unbelievable. The injury of assault has a long case history since time immemorial and if you honestly believed you could actually walk into a court of law after making a death threat to someone and pulling the stunt you are pulling now would surely bring you a contempt of court charge on top of the assault charge.
There is nothing at all odd about calling a reference to a Supreme Court analogy that sought to illustrate the problem with inciting a riot and why such a thing is not a protected right, lazy. The laziness comes from not bothering to do the research yourself. Justice Holmes actually offered the analogy of yelling fire in a crowded theater to clear up confusion, not add to it. Of course, were you aware of the ruling, of which I cited several pages back, and read that ruling, instead of being lazy and pretending that inciting a riot is not a crime, we wouldn't be having this stupid discussion.
Your incomprehensible reasoning in ignoring the fact that Schenk v. United States was not a ruling on the usage of speech, as in yelling "fire" when in a crowded theater, and the quote is constantly misquoted, a fact I let go the first time, but will not now! Here is the actual wording from Justice Holmes:
The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Your willing ignorance is beyond the pale! You have offered nothing but ignorance assuming this ignorance reveals intelligence, and your covert hostility and obsequiousness is hardly polite or civil. You would never get away with this nonsense in a court of law if you think for a single second you can argue that fraud is okay because there is no victim, or that assault doesn't really injure, or that inciting a riot causes no harm. In fact, if you insisted on playing these games in court, most likely it would be ruled that you were not competent to stand trial, and your actual right to a jury of your peers would be denied you and the judge would hold, or declare a ruling himself. So, if you want to come off as an incompetent that is your choice.
[edit on 29-5-2010 by Jean Paul Zodeaux]
Originally posted by K J Gunderson
Are you really that dense? Show me where in the constitution it guarantees the freedom of ANY SPEECH ANY PLACE ANY TIME.
It is against the law to call 911 and report a false crime - SPEECH.
It is against the law to make death threats to a person - SPEECH.
It is against the law to shout FIRE in a crowded theater - SPEECH.
Are these things specifically delineated in the constitution?
Originally posted by Lemon.Fresh
All of your examples lead to someone being injured or killed.
Once again, apples and oranges.
Is that what passes for polite Christian dialogue?
Now who is playing stupid? I neve said fraud is not a crime. Not once.
One example is not an absolute. Do I get to call you stupid now?
Actually it is your ignorance of the discussion at hand that is unbelievable. I see you like to twist anything anyone says so far from the original point that you can make any insane argument you like and it is almost impossible to back track to where it once made any sense. You will not succeed with me.
Now it could be argued that what the principal did could have caused a riot.
It could have lead to injury.
It did not. It was not even likely, but it could have. Am I wrong that it is a possibility?
Lemon Fresh was not addressing coulds though. He was stating absolutes.
If I call 911 and tell them that a magical fairy broke into my house with a bunch of unicorns and were currently turning all of my stuff into gold and I wanted the police to intervene because gold clashes with most of my outfits - who is likely to be injured?
I can speak from experience. I have had death threats made to me. They were made by someone I knew had not the means, the will, the strength, or the ambition to pull it off. It made me chuckle. It was still a death threat. It was still against the law. - who was injured?
If I shout "fire" in a crowded theater and it happens during a loud explosion and no one hears me, who is injured? If the crowd is 100% made up of people that know me and know I would be just being an ass so they do not care, who is injured? Does the fact that no one cares make it not illegal?
If your next post is just an attempt to call me names and/or twist what I said, I will just ignore you like so many others. Please try to refrain from calling people stupid for simply expressing themselves.
I am not sure your response even makes much sense. OK, you are not a Christian. So you have the right to just be rude to people? If that is how you roll, then.
Originally posted by Jean Paul Zodeaux
When someone is charged for inciting a riot, they were not charged for what could have happened but what did. Would you care to make the argument that the principal did cause a riot?
If it actually did cause a riot, of which it didn't, then injury would be self evident. Look, I am not at all suggesting that police officers don't charge people with a crime based upon what could have happened, but this is why we have a court system in place, because those type of charges have no basis in law, and people rely on the courts to have such frivolous charges dismissed. This is why your arguments are frivolous, what could have happened, is not what happened, and no riot ensued, and no injury sustained. Get it?
It did not. It was not even likely, but it could have. Am I wrong that it is a possibility?
The possibility of a crime is not a crime.
Lemon Fresh was not addressing coulds though. He was stating absolutes.
As am I!
Originally posted by Jean Paul Zodeaux
It did not. It was not even likely, but it could have. Am I wrong that it is a possibility?
The possibility of a crime is not a crime.
Originally posted by endisnighe
reply to post by Afterall
I would like to wade into this discussion if I may?
It is amazing how far you will go to miss the point. No I never claimed he did start a riot. That was my point. Reading comprehension is NOT your specialty. Call me stupid some more.
I wish I could make you read more slowly so you could keep up better. If you are charged with inciting a riot that never took place, who is the clear victim again? That is the point. You can argue what the principal did MIGHT have incited a riot too but still, no clear victim. So explaining that shouting fire in a crowded theater is different - BECAUSE THERE IS A CLEAR VICTIM is what I am questioning.
I know you are doing this on purpose.
Nope becaue you have still failed to point out the clear victim to me.
Did I say it was? Did I even hint that it was? Can you please read what I write if you insist on responding?
No you are not. You are offering annecdotal evidence of particular instances. That is hardly absolutes. In fact, it is the exact opposite.
Originally posted by endisnighe
reply to post by Afterall
I thought I answered your question?
How does doing those things create a victim?
Did you not read my response?
It would infringe on another's right of Liberty. Period.
You can keep rambling on but you will notice that I have stopped responding to any new posts from you a few posts back. I gave a clear and precise example of you twisting my words. The only way you get any more attention from me is by explaining either how you got them so twisted or why you did it on purpose.
Originally posted by Jean Paul Zodeaux
reply to post by Afterall
You can keep rambling on but you will notice that I have stopped responding to any new posts from you a few posts back. I gave a clear and precise example of you twisting my words. The only way you get any more attention from me is by explaining either how you got them so twisted or why you did it on purpose.
Okay sport, if you honestly believe that this last post of yours was not a response then I will leave you to your magical fairies and unicorns.
I thought you might change you tactic since the last person caught you outright making up things about them but apparently cowardice stays the same pale yellow all the time. OK then. You can not read or are a jokster. Yes this is a response to a new post.