McCarthy - More Lawfare

[Horace]

I've mentioned often how I won't feel safe until certain people are in prison. Ironically, saying that may land me in prison. One cannot be sent to prison without physical violence, or at least its credible threat, backing it up.

[Jolly]

All power emanates from the barrel of a gun.

[taiwan_girl]

@Jolly said in McCarthy - More Lawfare:

Freedom of speech is just that, and sometimes language may border on a threat without actually being a threat.

Agree. But how do you know?

How often is it read about somebody at an airport making a bomb "joke" or something like that and getting arrested. Were they joking? Probably. But again, doing and saying stupid things can get you into trouble.

[Jolly]

@taiwan_girl said in McCarthy - More Lawfare:

@Jolly said in McCarthy - More Lawfare:

Freedom of speech is just that, and sometimes language may border on a threat without actually being a threat.

Agree. But how do you know?

How often is it read about somebody at an airport making a bomb "joke" or something like that and getting arrested. Were they joking? Probably. But again, doing and saying stupid things can get you into trouble.

This isn't Singapore. Nor do I wish it to be.

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety - Benjamin Franklin.

[taiwan_girl]

For good or bad, no right in the US is absolute. There are always limits of some kind.

[LuFins Dad]

@taiwan_girl said in McCarthy - More Lawfare:

For good or bad, no right in the US is absolute. There are always limits of some kind.

Wrong. All rights are absolute. You just aren’t allowed to impede other people’s rights. The free speech thing? Absolute. Now if you use it to threaten or encourage physical violence on somebody else, then you are violating their rights. If they aren’t absolute, they aren’t rights. Inalienable is inalienable.

[George K]

@LuFins-Dad said in McCarthy - More Lawfare:

All rights are absolute. You just aren’t allowed to impede other people’s rights.

Just for the sake of argument...

There exists an unalienable right to "Life." Yet, in many jurisdictions, capital punishment is permitted.

Once convicted of a "capital" crime, with appropriate sentencing (say life in prison), how does that conviction overturn/negate the right to life? If the right to life is absolute, it is...absolute?

[taiwan_girl]

@LuFins-Dad said in McCarthy - More Lawfare:

All rights are absolute. You just aren’t allowed to impede other people’s rights.

So, they are not absolute then, correct?

Maybe I am not understanding. In the "battle of the rights", which is most powerful?

I dont mean to nit-pick, but for a hypothetic, lets say there is a religion that hates gay people (okay, maybe not so hypothetic. LOL). And I am gay and I feel threatened by their talk about wanting all gay people dead. They sincerely believe in their religion.

[LuFins Dad]

@taiwan_girl said in McCarthy - More Lawfare:

@Jolly said in McCarthy - More Lawfare:

Freedom of speech is just that, and sometimes language may border on a threat without actually being a threat.

Agree. But how do you know?

How often is it read about somebody at an airport making a bomb "joke" or something like that and getting arrested. Were they joking? Probably. But again, doing and saying stupid things can get you into trouble.

Credible threat. It’s why there are courts to determine whether an officer acted within limits of a credible threat.

Remember the asshat we posted about yesterday, the libertarian? He could face trouble because a jury might find that his language rose to the level of a credible threat or could certainly incite violence. At the very least, he invited a fully legal investigation to see if he posed a credible threat.

[George K]

@taiwan_girl said in McCarthy - More Lawfare:

And I am gay and I feel threatened by their talk about wanting all gay people dead.

@taiwan_girl The important word you wrote is "Feel."

That's subjective, not absolute. If you're wearing a blue shirt, and I hate blue, is it an offense for me to say, "I hate blue" because it makes you feel uncomfortable?

Wanting you to die because you wore a blue shirt, and saying I want you to die because you wore a blue shirt, is not a "credible threat."

Now, look at the case again.

A poll-watcher saw something he thought was fishy. That's his job. After a contentious meeting with "Mr. Fishy" he left the room, and said to SOMEONE ELSE "Hang Mr. Fishy for treason."

ANOTHER PERSON heard it and reported it as a terrorist threat.

Now, that's not quite up to the level of David French saying that someone needs to put a bullet in Trump, but I digress...