Not funny when it's the army doing the overthrowing.
> -----Original Message----- > From: Phoeun Pha [mailto:phoeunp@;entelligence.com] > Sent: Wednesday, October 23, 2002 2:19 PM > To: CF-Community > Subject: RE: TERRORISM RE: How free are we? > > > haha Adam, that's funny. Overthrowing the government by > non-violent means, > while they have a whole army? HAHAHA! :) > > There's always bloodshed. Don't let history un-repeat itself :) > > But, I do have to admit. Terrorist vs. Freedom fighter is somewhat > subjective. > > -----Original Message----- > From: Cantrell, Adam [mailto:Acantrell@;kentlaw.edu] > Sent: Wednesday, October 23, 2002 2:16 PM > To: CF-Community > Subject: RE: TERRORISM RE: How free are we? > > > > > -----Original Message----- > > From: Nick McClure [mailto:cf-lists@;king-nacho.com] > > Sent: Wednesday, October 23, 2002 1:38 PM > > To: CF-Community > > Subject: RE: TERRORISM RE: How free are we? > > > > > > Yes, the government will label you a terrorist, but that is > why it is > > time to abolish it. > > Just make sure you don't advocate violence in doing so, that was made > illegal in the "Gee Wally, the govt. sure is swell." > anti-communist era: > > > > Case: DENNIS V. UNITED STATES > Case #: 341US494 > > NO. 336. ARGUED DECEMBER 4, 1950. - DECIDED JUNE 4, 1951.- 183 F.2D > 201, AFFIRMED. > > 1. AS CONSTRUED AND APPLIED IN THIS CASE, SECS. 2(A)(1), 2(A)(3) AND > 3 OF THE SMITH ACT, 54 STAT. 671, MAKING IT A CRIME FOR ANY PERSON > KNOWINGLY OR WILLFULLY TO ADVOCATE THE OVERTHROW OR DESTRUCTION OF THE > GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE, TO ORGANIZE OR > HELP TO ORGANIZE ANY GROUP WHICH DOES SO, OR TO CONSPIRE TO DO SO, DO > NOT VIOLATE THE FIRST AMENDMENT OR OTHER PROVISIONS OF THE BILL OF > RIGHTS AND DO NOT VIOLATE THE FIRST OR FIFTH AMENDMENTS BECAUSE OF > INDEFINITENESS. PP. 495-499, 517. > > 2. PETITIONERS, LEADERS OF THE COMMUNIST PARTY IN THIS COUNTRY, WERE > INDICTED IN A FEDERAL DISTRICT COURT UNDER SEC. 3 OF THE SMITH ACT FOR > WILLFULLY AND KNOWINGLY CONSPIRING (1) TO ORGANIZE AS THE COMMUNIST > PARTY A GROUP OF PERSONS TO TEACH AND ADVOCATE THE OVERTHROW AND > DESTRUCTION OF THE GOVERNMENT OF THE UNITED STATES BY FORCE AND > VIOLENCE, AND (2) KNOWINGLY AND WILLFULLY TO ADVOCATE AND TEACH THE > DUTY AND NECESSITY OF OVERTHROWING AND DESTROYING THE > GOVERNMENT OF THE > UNITED STATES BY FORCE AND VIOLENCE. THE TRIAL JUDGE INSTRUCTED THE > JURY THAT THEY COULD NOT CONVICT UNLESS THEY FOUND THAT PETITIONERS > INTENDED TO OVERTHROW THE GOVERNMENT "AS SPEEDILY AS CIRCUMSTANCES > WOULD PERMIT" BUT THAT, IF THEY SO FOUND, THEN, AS A MATTER OF LAW, > THERE WAS SUFFICIENT DANGER OF A SUBSTANTIVE EVIL THAT CONGRESS HAS A > RIGHT TO PREVENT TO JUSTIFY APPLICATION OF THE STATUTE UNDER THE FIRST > AMENDMENT. PETITIONERS WERE CONVICTED AND THE CONVICTIONS WERE > SUSTAINED BY THE COURT OF APPEALS. THIS COURT GRANTED CERTIORARI, > LIMITED TO THE QUESTIONS: (1) WHETHER EITHER SEC. 2 OR SEC. 3 OF THE > SMITH ACT, INHERENTLY OR AS CONSTRUED AND APPLIED IN THE INSTANT CASE, > VIOLATES THE FIRST AMENDMENT AND OTHER PROVISIONS OF THE BILL OF > RIGHTS; AND (2) WHETHER EITHER SEC. 2 OR SEC. 3, INHERENTLY OR AS > CONSTRUED AND APPLIED IN THE INSTANT CASE, VIOLATES THE FIRST > AND FIFTH > AMENDMENTS BECAUSE OF INDEFINITENESS. HELD: THE CONVICTIONS ARE > AFFIRMED. PP. 495-499, 511-512, 517. > > FOR THE OPINIONS OF THE JUSTICES CONSTITUTING THE MAJORITY OF THE > COURT, SEE: > > OPINION OF THE CHIEF JUSTICE, JOINED BY MR. JUSTICE REED, MR. JUSTICE > BURTON AND MR. JUSTICE MINTON, P. 495. > > OPINION OF MR. JUSTICE FRANKFURTER, P. 517. > > OPINION OF MR. JUSTICE JACKSON, P. 561. > > FOR THE DISSENTING OPINION OF MR. JUSTICE BLACK, SEE P. 579. > > FOR THE DISSENTING OPINION OF MR. JUSTICE DOUGLAS, SEE P. 581. > > DENNIS ET AL. V. UNITED STATES. > > CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND > CIRCUIT. > > THE CASE IS STATED IN THE OPINION OF THE CHIEF JUSTICE, PP. 495-499. > AFFIRMED, P. 517. > > MR. CHIEF JUSTICE VINSON ANNOUNCED THE JUDGMENT OF THE COURT AND AN > OPINION IN WHICH MR. JUSTICE REED, MR. JUSTICE BURTON AND MR. JUSTICE > MINTON JOIN. > > PETITIONERS WERE INDICTED IN JULY, 1948, FOR VIOLATION OF THE > CONSPIRACY PROVISIONS OF THE SMITH ACT, 54 STAT. 671, 18 U.S.C. (1946 > ED.) SEC. 11, DURING THE PERIOD OF APRIL, 1945, TO JULY, 1948. THE > PRETRIAL MOTION TO QUASH THE INDICTMENT ON THE GROUNDS, INTER ALIA, > THAT THE STATUTE WAS UNCONSTITUTIONAL WAS DENIED, UNITED STATES V. > FOSTER, 80 F.SUPP. 479, AND THE CASE WAS SET FOR TRIAL ON JANUARY 17, > 1949. A VERDICT OF GUILTY AS TO ALL THE PETITIONERS WAS RETURNED BY > THE JURY ON OCTOBER 14, 1949. THE COURT OF APPEALS AFFIRMED THE > CONVICTIONS. 183 F.2D 201. WE GRANTED CERTIORARI, 340 U.S. 863, > LIMITED TO THE FOLLOWING TWO QUESTIONS: (1) WHETHER EITHER SEC. 2 OR > SEC. 3 OF THE SMITH ACT, INHERENTLY OR AS CONSTRUED AND APPLIED IN THE > INSTANT CASE, VIOLATES THE FIRST AMENDMENT AND OTHER PROVISIONS OF THE > BILL OF RIGHTS; (2) WHETHER EITHER SEC. 2 OR SEC. 3 OF THE ACT, > INHERENTLY OR AS CONSTRUED AND APPLIED IN THE INSTANT CASE, VIOLATES > THE FIRST AND FIFTH AMENDMENTS BECAUSE OF INDEFINITENESS. > > ED.) SECS. 10, 11(SEE PRESENT 18 U.S.C. SEC. 2385), PROVIDE AS > FOLLOWS: > > "SEC. 2. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON - > > "(1) TO KNOWINGLY OR WILLFULLY ADVOCATE, ABET, ADVISE, OR TEACH THE > DUTY, NECESSITY, DESIRABILITY, OR PROPRIETY OF OVERTHROWING OR > DESTROYING ANY GOVERNMENT IN THE UNITED STATES BY FORCE OR > VIOLENCE, OR > BY THE ASSASSINATION OF ANY OFFICER OF ANY SUCH GOVERNMENT; > > "(2) WITH INTENT TO CAUSE THE OVERTHROW OR DESTRUCTION OF ANY > GOVERNMENT IN THE UNITED STATES, TO PRINT, PUBLISH, EDIT, ISSUE, > CIRCULATE, SELL, DISTRIBUTE, OR PUBLICLY DISPLAY ANY WRITTEN > OR PRINTED > MATTER ADVOCATING, ADVISING, OR TEACHING THE DUTY, NECESSITY, > DESIRABILITY, OR PROPRIETY OF OVERTHROWING OR DESTROYING ANY > GOVERNMENT > IN THE UNITED STATES BY FORCE OR VIOLENCE; > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/cf_lists/index.cfm?forumid=5 Subscription: http://www.houseoffusion.com/index.cfm?sidebar=lists&body=lists/cf_community Your ad could be here. 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