Re: Minister convicted for teaching parishioners to punish children by hitting them on the bare buttocks with wooden dowels

2012-05-15 Thread Marci Hamilton
Eugene- I think you are making factual assumptions that then lead to a flawed conclusion in this case. -The nature of child abuse puts it in a different category than speech to potential rioters or speech to KKK members It is violence against victims who cannot protect themselves, who live

RE: Minister convicted for teaching parishioners to punish children by hitting them on the bare buttocks with wooden dowels

2012-05-14 Thread Volokh, Eugene
Alan: You raise an interesting question, and it might be well be that intentionally urging someone illegal to do something tomorrow morning, when such urging is likely to lead to the illegality, is indeed incitement. But I saw nothing in the stories that suggested that the

Re: Minister convicted for teaching parishioners to punish children by hitting them on the bare buttocks with wooden dowels

2012-05-14 Thread Marci Hamilton
Eugene-what about strict scrutiny? I think there is a compelling interest in protecting children from being hit with wooden dowels Given the hidden nature of most such abuse, there is unlikely to be a lesser restrictive method to ensure children are not harmed. Marci On May 13, 2012, at

RE: Minister convicted for teaching parishioners to punish children by hitting them on the bare buttocks with wooden dowels

2012-05-14 Thread Alan Brownstein
The news story doesn't give us a lot of detail as to exactly what the pastor said in this case nor does it tell us much about his parishioners. But if the pastor's instructions to his parishioners are to do something unlawful if a certain pre-condition is satisfied and the pre-condition is