Here's an interesting case:
https://en.wikipedia.org/wiki/Herbert_John_Burgman
When does freedom of speech become treason?
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Re: When does freedom of speech become treason?
Pelley v. Botkin, 152 F.2d 12 (D.C. Cir. 1945)
https://www.casemine.com/judgement/us/5 ... 493469045f
Frankfeld v. United States, 198 F.2d 679 (4th Cir. 1952)
https://openjurist.org/198/f2d/679
Dennis v. United States, 341 U.S. 494 (1951)
https://www.oyez.org/cases/1940-1955/341us494
Scales v. United States, 367 U.S. 203 (1961)
https://en.wikipedia.org/wiki/Scales_v._United_States
https://www.casemine.com/judgement/us/5 ... 493469045f
Frankfeld v. United States, 198 F.2d 679 (4th Cir. 1952)
https://openjurist.org/198/f2d/679
Dennis v. United States, 341 U.S. 494 (1951)
https://www.oyez.org/cases/1940-1955/341us494
Scales v. United States, 367 U.S. 203 (1961)
https://en.wikipedia.org/wiki/Scales_v._United_States
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Re: When does freedom of speech become treason?
Dennis v. US:de officiis wrote: ↑Mon Feb 11, 2019 11:09 amPelley v. Botkin, 152 F.2d 12 (D.C. Cir. 1945)
https://www.casemine.com/judgement/us/5 ... 493469045f
Frankfeld v. United States, 198 F.2d 679 (4th Cir. 1952)
https://openjurist.org/198/f2d/679
Dennis v. United States, 341 U.S. 494 (1951)
https://www.oyez.org/cases/1940-1955/341us494
Scales v. United States, 367 U.S. 203 (1961)
https://en.wikipedia.org/wiki/Scales_v._United_States
Did not expect seeing that. So, does this mean an American Socialist (or any other who wanted to simply advocate any competing different system of government) could get arrested simply for talking about it in public? If so, why isn't every single Socialist and Communist (and others) behind bars?In the plurality opinion, the Court held that there was a distinction between the mere teaching of communist philosophies and active advocacy of those ideas. Such advocacy created a "clear and present danger" that threatened the government. Given the gravity of the consequences, the Court held that success or probability of success was not necessary to justify restrictions on the freedom of speech.
My OP question asks if people should go to prison for that. So my interest isn't only in the facts of what the courts have said, but if you and others here approve/disapprove, about what things should be like. I do very much appreciate gaining more insight on the issue as it is, however.
Fame is not flattery. Respect is not agreement.
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Re: When does freedom of speech become treason?
What about the MineCraft v. De Officis (2019)? When are we gonna see another case? Please make something awesome man. I can't build 1/10 as good as you.de officiis wrote: ↑Mon Feb 11, 2019 11:09 amPelley v. Botkin, 152 F.2d 12 (D.C. Cir. 1945)
https://www.casemine.com/judgement/us/5 ... 493469045f
Frankfeld v. United States, 198 F.2d 679 (4th Cir. 1952)
https://openjurist.org/198/f2d/679
Dennis v. United States, 341 U.S. 494 (1951)
https://www.oyez.org/cases/1940-1955/341us494
Scales v. United States, 367 U.S. 203 (1961)
https://en.wikipedia.org/wiki/Scales_v._United_States
Shikata ga nai
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Re: When does freedom of speech become treason?
I need to get back into that. My wrists have been giving me fits lately, though, so I'm trying to stay off my laptop at night.heydaralon wrote: ↑Mon Feb 11, 2019 1:05 pmWhat about the MineCraft v. De Officis (2019)? When are we gonna see another case? Please make something awesome man.
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Re: When does freedom of speech become treason?
If a government is so fragile as to be threatened by the mere mention of an alternative, then it doesn’t have long to live anyway.BjornP wrote: ↑Mon Feb 11, 2019 12:47 pmDennis v. US:de officiis wrote: ↑Mon Feb 11, 2019 11:09 amPelley v. Botkin, 152 F.2d 12 (D.C. Cir. 1945)
https://www.casemine.com/judgement/us/5 ... 493469045f
Frankfeld v. United States, 198 F.2d 679 (4th Cir. 1952)
https://openjurist.org/198/f2d/679
Dennis v. United States, 341 U.S. 494 (1951)
https://www.oyez.org/cases/1940-1955/341us494
Scales v. United States, 367 U.S. 203 (1961)
https://en.wikipedia.org/wiki/Scales_v._United_States
Did not expect seeing that. So, does this mean an American Socialist (or any other who wanted to simply advocate any competing different system of government) could get arrested simply for talking about it in public? If so, why isn't every single Socialist and Communist (and others) behind bars?In the plurality opinion, the Court held that there was a distinction between the mere teaching of communist philosophies and active advocacy of those ideas. Such advocacy created a "clear and present danger" that threatened the government. Given the gravity of the consequences, the Court held that success or probability of success was not necessary to justify restrictions on the freedom of speech.
My OP question asks if people should go to prison for that. So my interest isn't only in the facts of what the courts have said, but if you and others here approve/disapprove, about what things should be like. I do very much appreciate gaining more insight on the issue as it is, however.
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Re: When does freedom of speech become treason?
Your first example is exactly what the 1A protects fromBjornP wrote: ↑Mon Feb 11, 2019 12:57 amAnd by treason, I mean the sort you should go to prison and/or an execution for.
For example, in an American context, should Socialists and Marxists go to prison for treason for either speaking about to other people, advocate for, or trying to organize political parties meant to advance Socialist ideals?
Or...
Should the charge of treason be reserved exclusively for those who attempt or plan to change the political system by force?
No man's life, liberty, or property are safe while the legislature is in session