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| Something tells me this man might get off and sue the State. He has walked up to the line, but has not crossed it yet (I think). If the other states do not have such laws, it is curious that FL could get away w/ it from a constitutional stand point. We will wait for the appellate judges or the SCOTUS to let us know. |
| That's ok. He doesn't have to be convicted. They just have to leave him in jail for a while. The other prisoners will take care of it. |
where's the LIKE button?
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| Constitutional rights are not unlimited. The courts have restricted certain behavior for years. Child porn is illegal everywhere. Florida can make a compelling case that this guy's behavior crosses the line as well. |
it will be interesting. |
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This is the poster who was called a pedophile on the prior page. I'm over my frustration with you people now. But, kuddos to you for claiming to be for victims' rights while calling me names. Way to go, idiots. OK, maybe I am not over my frustration.
I'd like to kill the guy that attacked me, but that's not legal. I'd like to punch people that piss me off in parking lots, too. Should we make that law? I'm sorry that you folks can't get past your own fear and hatred to see the real problem here. Anyhow, this is not a matter of supporting or protecting pedophiles. It is a matter of Constitutional law. You may think that the rights should not extend to this guy or that it crosses the line, but if you look at prior cases on the same types of free speech cases, it has already been decided by the courts. Do some research if you don't believe me. We can't go around retracting peoples' rights because we don't like the material of the book. That's not how it works. There are some exceptions to free speech, but this not yelling "fire" in a move theater, nor does it meet the LEGAL definition of "incitement". All that is being achieved with this move from the Florida judge is that we are funding his trip to Florida, giving him more publicity and will most likely end up paying for his legal defense and paying out when he wins a court case against them for infringing on his rights. That's stupid and accomplishes NOTHING towards protecting children. It's grand-standing bullshit, but everyone wants to rally behind it because this is an emotional topic. It's never OK to takes away someone's rights because we disagree with them. Never! |
Good morning bonehead. There are EXCEPTIONS to the First Amendment. 1. False advertisement 2. Cannot yell "fire" in a crowded theater 3. Cannot incite violence. 4. etc. I'm sure an ethical lawyer/judge could find that encouraging and promoting pedophilia and sexual abuse against minors can fit under one of the exceptions. |
YAY. Double like. MF-er and his ilk should be quartered by horses. |
Please see my 7:05 post, too. I'm the same poster you're responding to. If you actually understood the legal definition of incitement, you would know that the person has to ask someone to commit a felony. Simply telling someone how is protected speech, as shown by prior court decisions on the matter. The warrant-issuing judge even agreed it was protected speech in the article. You being too lazy to look up applicable law does not make me a bonehead. |
I think I recognize you - woke up with the guy in your bed, right? I have to say I think you are technically correct. Sorry everybody's jumping all over you. Also, hopefully parents can use the info in his manual to train their kids on what to watch out for. |
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I'm glad the judge issued the warrent for his arrest. Yep,the man may get off, but I think we need to test the system to see what happens. Because if it turns out that the law protects the man from being able to write and publish a book on grooming a pedophile, then the law needs to be changed. And having this man go free, could be the spark that is needed to change the law.
I'm all for free speech, but there are limitations on any freedom. At some point you have to weigh the harm versus the good. Even constitutional law can be amended or even re-interpreted. There wouldn't be the need for so many lawyers if interpretation wasn't an important element of the law. |
Since it's been mentioned a couple of times in this thread, I thought that I would clarify that you can yell "fire" in a crowded theater (though I don't recommend it). The original ruling that outlawed it was later overturned in Brandenburg v. Ohio. |
Yes, that's me. |
IMO, you are correct that it is protected by freedom of speech. There are other very controversal books out there that include how to kill people without getting caught, how to hide & dismember bodies, etc. All are protected by FOS. There are sick individuals, but until they actually commit a crime, there is not a lot that can be done. |
| Am I the olny mother who wants to know what this book says so that I know what to watch out for. I just need an outline, no explicit details. |