
Originally Posted by
Lotz-A-Landies
............................., Charles Schenck, was the head of the socialist party (pretty much like all subversives including the Wikileaks people) what he was convicted of was presiding over a organisation which decided to print leaflets telling people to dodge the draft. .............................. Think about the clear and present danger to the US of the discussion of blowing Iran off the Map, think about the clear and present danger to US Troops of publishing the gunship video etc etc etc.
None of it may be protected under the first amendment.
By the way I'm not agreeing with this potential limiting of free speech or freedom of the press I'm merely suggesting that if the US does prosecute Assange, as an Australian Citizen he may have very limited personal protection from such a grand document as the US Constitution.
The power of public opinion may be his only protection.
I understand your point but I think you'll find the 'Clear and Present Danger' test used against Schenck in 1917 has been dis-credited. And rightly so, as it was ultimately used to restrict free speech and association in the McCarthy era for example. What the US now has is the Brandenburg Test which replaces Holmes 'Clear and Present Danger' decision.
The Brandenburg test - Merely teaching or advocating unpopular ideas must be distinguished from teaching or advocating the duty, necessity, or propriety of acting on those beliefs. The right to speak and organize cannot be abridged no matter if the group's message and purpose are repugnant to American values (such as KKK speech). In order for government to intervene, the speaker must subjectively intend incitement (imminent evil), use words which are likely to produce action (imminent action), and openly encourage or urge incitement (suggesting, for example, it's a duty to commit a crime).
from Freedom of Speech
This (bold) bit isn't an either or thing, all three criteria must be met for American law to be broken. I don't think Julian Assagne has a problem here.
Deano
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