The fuck I did

No it isn't. It's protected speech. If you find it offensive tough, that's literally a cornerstone of our form of government. What is tricky about it?

And yet you hold board meetings at a Panera?

you bring up an obvious point. every case i brought up falls under the "color of authority" provision. but i seem to remember there were 3 or 4 paragraphs or article or provisions to the law - the byrd and who was the guy in wyoming? that law - and one of the provisions or instances was the "color of authority" provision. the others were not specific to that.

so, i could easily see why the feds would come in whenever police were involved, because there's a special urgency when its authority in a discrete location violating civil rights, i.e., you might expect local authority to get beneficial treatment locally (as what happened in the koon case). there's more reason to expect the locals to prosecute a civil rights violator who is not in authority.

but aren't the laws equally applicable? that is, regardless of whether i'm a policeman or not, can't federal civil rights laws be violated by anyone?

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Dan Empfield
aka Slowman

We held the last one at Cocina Real and had some great mojitos.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

Aren't clear spirits for dieting women? Did the Capri leggings sap your testosterone to Illinois levels?

my understanding is that hate speech that "leads to violence" or that could or might lead to violence is considered fair game for federal prosecution. i think if you google this you'll find that this is the case. how often is it brought? how successfully? don't know.

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Dan Empfield
aka Slowman

Umm, yeah. Like I said, "acting on behalf of the govt. There's no allegation that the driver in this case (Charleston) was acting on behalf of the govt in any way.



them too. as you say, it is the right of white supremacists to assemble peaceably. but hate speech is tricky, at least as it has been interpreted by the courts.[/quote]
No, I don't think it is. SCOTUS has repeatedly ruled and affirmed that there is no hate speech exception to the First Amendment.

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Slowguy

(insert pithy phrase here...)

Inciting violence is not necessarily hate speech and the bar for that type is pretty high and IIRC has to be contemporaneous to the action

Yes and no. No, the same statute that applies to police officers does not apply to "civilians" who are not acting under the color or authority of the government. But, yes, there are other federal laws that provide protection.

So, 42 USC 1983 only applies to those who act under color or authority of the government. This primarily applies to police officers, but could apply to any government official or anyone acting under government authority.

But, other federal laws, like 18 USC 249 apply to "civilians." This is the federal hate crime law that gives the feds authority over certain crimes that would otherwise be purely under state law.

FWIW, as I mentioned earlier in the thread, I believe federal jurisdiction is warranted in this case. If I were emperor, I would charge him locally on Monday (which is going to happen), then turn him over the feds for indictment. I would let the feds prosecute, then send him back to the state and let VA prosecute. Then, I would run the sentences concurrently. That may happen here.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

Cocina Real makes them with dark rum (if you haven't tried it, I suggest you do). You wouldn't like they place. No Zima.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

Everyone agrees with The First Amendment. Except for when they don't.

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How does Danny Hart sit down with balls that big?

Not according to their website

You are correct. You are also correct that it is tricky, but the tricky part is determining whether it is "hate speech."

Hate speech is not protected, regardless of what our little buddy down in the murder capital of the U.S. seems to believe. Defining hate speech is difficult. But, it is like porn - you know it when you see (hear) it.

Here is a good discussion by the American Bar Association: https://www.americanbar.org/...ion/debate_hate.html

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

Only those who don't understand the First Amendment seem to take issue with it.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

Um you sure there buddy? I seem to remember the ACLU winning that for the KKK.

Positive. Did you bother to read the article? Or did you just have another Zima?

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

That is simply not true.

The far right has it's share of racists.

But I would say a larger percentage of those who are left leaning are racist, in that "polite racism" sort of way, not the "get the fuck out of my country/white is right" sort of way.

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Long Chile was a silly place.

Anyone who thinks that people of certain skin colors need the help of white people in order to succeed are racists.

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Civilize the mind, but make savage the body.

- Chinese proverb

Um did you? Hate speech is protected according to the article. Burning a cross was legal speech (the actual act was criminal). The let's get whitie case was an aggregating factor and incited violence. I'm confused where you're getting hate speech is not protected.

From the Facebook of that white nationalist sub-human monster that murdered Heather D. Heyer. Such a beautiful soul taken away by a white racist domestic terrorist pile of shit.

And folk keep asking is it proper for him to be charged with a hate crime and given the death penalty... Hell some comments on here sound like sympathy for his pasty doughy punk-ass.

When he gets the needle, the world is gonna be a better place.

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"Your Attitude Determines Your Altitude."

You really just don't understand the criminal justice system in this country, do you?

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Slowguy

(insert pithy phrase here...)

No, isn't. The question is whether it rises to the level of hate speech under the law.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

SCOTUS test for hate speech and case citation.

I'm going to have to start charging you for these education lessons.

Not all hateful speech is unprotected hate speech. As Dan correctly pointed out to you, speech that could reasonably be expected to elicit a volatile reaction is unprotected hate speech.

If a Klan group sets up in a public park and chants "white power," it is likely protected speech. If they enter a black church to do it, it is unprotected hate speech.

If a neo-Nazi places a Hitler sticker on his truck, it is likely protected speech. If he confronts a Jewish person on the street telling him Hitler should have finished the task, it is unprotected hate speech.

If a group sets up a rally saying god hates f_gs, it is likely protected speech. If a member of that group confronts a gay man and provokes him by saying, god hates you, f_ggot, it is unprotected hate speech.

This is pretty much what Dan said and to which you objected. Given your difficultly understanding this topic, I would say Dan was correct when he said it was a bit tricky.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR