February 17, 2009

Why I am NOT arrested

Quite a number of people are really curious as to how I "get away with" writing what I write on this blog without getting arrested. It's simple: three U.S. Supreme Court Cases.

Below is a link to the precis of each case. They are each a very quick read. Quite simply, speech is protected by the First Amendment as long as it is uttered "in a context that does not lend itself to imminent lawlessness."

Publishing on a blog NEVER lends itself to "imminent lawlessness" hence, I have never been arrested for anything I publish. It's that simple.

"Brandenburg v. Ohio" 395 U.S. 444, 447 (1969) which ruled that advocating crime is legal as long as the remarks are uttered in a context which does not lend itself to imminent lawlessness.

Virginia v. Black" 538 U.S 343, 359 (2003) which held that doing things like Burning Crosses cannot be considered Prima Fascia evidence of an intent to intimidate and thus are not prosecutable "True Threats." AND;

" Watts v. United States" 394 U.S.705 (1969) Id. at 708 which specifically allows and protects talk of killing ELECTED officials (specifically the President of the United States) when there is little likelihood the speech will be acted upon. Such talk is defined by the court as "crude political hyperbole."

Educate yourself before calling the feds demanding they arrest me. They cannot.